EL PASO COUNTY
LAND DEVELOPMENT CODE

Chaper IV - Zoning Regulations

Section 2 - Zoning Procedures

1.   Unless the Board of County Commissioners elects to zone or rezone upon its own initiative or upon the recommendation of the Planning Commission, (Refer to Section 3, County-Initiated Zoning and Rezoning Procedures) a zoning petition shall be required to zone any property within the unincorporated areas which is not presently zoned; or to change the zoning of any property within the unincorporated areas of El Paso County.

2.   Pre-Application Procedures:

a.  Prior to the submission of a zoning or rezoning petition, the petitioner may submit a conceptual plan or declaration of intent to the Development Services Department.

b.  The Development Services Department shall discuss with the petitioner the petition, and shall recommend to the petitioner any changes required to bring the request into conformance with the Zoning Regulations.

3.   Submittal Deadlines: The petitioner shall submit to the Development Services Department all required items no later than forty-five (45) days prior to the regular meeting of the Planning Commission.

4.   Submittal Requirements:  The petitioner shall submit all required items as outlined in Section 4 (Submittal Requirements) and any other information specified by these Zoning Regulations. A filing fee as outlined in Section 58 shall also be submitted.

5.   Receipt of Submittal: Upon submittal, the Development Services Department shall review the submittal for completeness; if said submittal is complete in its entirety, the Development Services Department shall issue a receipt of submittal. Any additional information required by the Development Services Department or any referral agency must be submitted no less than fourteen (14) days prior to any hearing at which the information may be considered. Failure to submit such information as required may result in the continuance of the hearing or a note of the information deficiency being made at the hearing.

6.   Distribution: The Development Services Department shall distribute copies of submittal materials to such local, regional, state and federal agencies (referral agencies) as deemed appropriate by the Development Services Director.

7.   Action and Procedure of the Development Services Department:

a.  The Development Services Department shall review each petition to determine if it is consistent with the standards set forth in these regulations and shall investigate the relationship between the proposed land use and adopted county comprehensive master plans.

b.  Upon completion of its review, prior to the appropriate Planning Commission or Board of County Commissioners' meeting, the Development Services Department shall present its report and recommendations to the petitioner.

c.  The Development Services Department shall present each petition and its report and recommendations to the Planning Commission at its public hearing on the petition.

d.  All petitions submitted shall be heard by the Planning Commission within one hundred five (105) days following submission or, upon expiration of said one hundred five (105) days, the applicant shall be required to re-notify all adjoining property owners by certified mail no less than fourteen (14) days prior to the meeting and not more than thirty (30) days prior to the meeting. Verification of the mailing is to be provided to the Development Services Department. Upon expiration of one hundred eighty (180) days (without Planning Commission action) the petition shall be deemed withdrawn and a new petition must be resubmitted in its entirety unless an extension is granted by the Director of the Development Services Department.

8.   Action and Procedure of the Planning Commission:

a.  The Planning Commission shall review each petition at a regularly scheduled public meeting.

b.  Public Notice:

(1)  Posting - Notice, not less than two (2) square feet in size, of the date and place of the hearing of all petitions shall be posted in a conspicuous place on the property site by the Development Services Department at least two (2) weeks prior to the Planning Commission meeting. The notice shall contain the specific subject matter of the hearing, including the present zone, if any, the proposed zone, or the special use contemplated. The location and phone number of the public office where additional information may be obtained shall also be included on such notice. Such notices shall be changed in the event that the time or place of such hearing is changed.

(2) Adjoining Property Owners:

(i) Prior to submitting the petition, the petitioner shall either contact the adjoining property owners for their comments and signatures on the petition form, or cause a certified letter to be sent to said owners. The requirements for the letter may be obtained from the Development Services Department.

(ii) The petition and the letter shall state that the adjoining property owner may appear in person at the Planning Commission hearing, or if unable to attend, submit a statement further expressing his or her opinions and comments on the petition.

(3)  Agenda - The agenda of the Planning Commission meetings shall be made available to the news media and the public no later than three (3) days prior to the meeting.

c. Prior to any action, the Planning Commission shall review the plans, reports, recommendations and comments from the Development Services Department, referral agencies, the petitioner, representatives of the petitioner, and interested citizens.

d.   Action of the Planning Commission:

(1)  Maximum Period - Unless continued at the request of the petitioner, the Planning Commission shall have a maximum period for taking action on the petition extending from the date the Development Services Department presents the petition through the next regularly scheduled Planning Commission meeting.

(2)  Action:

(i) The Planning Commission may approve, approve subject to certain conditions, disapprove, or make suggestions.

(ii) The Planning Commission's action shall be based upon the general intent and purposes of these regulations in addition to the fulfillment of the minimum listed requirements.

(iii) The Planning Commission shall publicly state and the secretary shall record the reason for the action taken on the petition.

(3)  Upon any of the above actions or at the expiration of the maximum period for taking action, the petition shall be placed on the agenda of the next regularly scheduled meeting of the Board of County Commis-sioners which allows for the proper notice requirements. However, if conditions of the Planing Commission's approval require the submittal of additional information or the completion of certain activities prior to any consideration by the Board of County Commissioners, all such information must be submitted to the Development Services Department or the activities completed and documented to the Development Services Department at least fourteen (14) days in advance of any Board of County Commissioners' hearing. Failure to submit such information as required may result in the continuance of the hearing or a note of the information deficiency being made at the hearing.

(4)  Continuance:

(i)  Without the request or consent of the petitioner, the Planning Commission may move to continue action on the petition until the next regularly scheduled Planning Commission meeting. At the request or with the consent of the petitioner, action on the petition may be continued until a definite date or until the occurrence of a certain event. If so continued, the petition shall be heard by the Planning Commission on the definite date or, in the case of continuance until the occurrence of a certain event, at the next regularly scheduled public meeting of the Planning Commission following the occurrence of the event and after written notification provided by the petitioner to the Development Services Department at least two (2) weeks prior to said regularly scheduled meeting.

(ii)  No petition shall remain continued in excess of one hundred eighty (180) days following a Planning Commission hearing unless an extension is granted by the Director of the Development Services Department. Petitions continued in excess of one hundred eighty (180) days or an extension thereof shall be deemed withdrawn and a new petition shall have to be submitted in its entirety.

(iii)  If the petitioner or his authorized representative fails to appear at the schedule Planning Commission hearing without at least two (2) working days' prior notice to the Development Services Department, the Planning Commission may, at its own discretion, either take action to deny or continue the petition to the next regularly scheduled Planning Commission hearing.

e. Within ten (10) working days of the hearing, the petitioner shall be notified by the Development Services Department by letter indicating the action taken by the Planning Commission and the time and place of the Board of County Commissioners' public hearing.

9.   Action and Procedure of the Board of County Commissioners:

a.  The Board of County Commissioners shall hold a hearing on each petition at a regularly scheduled public meeting.

b.  Public Notice:

(1)  Posting - Notice, not less than two (2) square feet in size of the date and place of hearing of all petitions shall be posted in a conspicuous place on the property site by the Development Services Department at least two (2) weeks prior to the Board of County Commissioners' meeting. The notice shall contain the specific subject matter of the hearing, including the present zone, if any, the proposed zone, or the special use contemplated. The location and phone number of the public office where additional information may be obtained shall also be included on such notice. Such notices shall be changed in the event that the time or place of such hearings is changed.

(2)  Zoning and Rezoning Petitions (only) - At least fourteen(14) days notice of the time, date and place of a public hearing on zoning and rezoning petitions shall be given by at least one publication in a newspaper of general circulation in El Paso County.

(3)  Adjoining Property Owners - The Development Services Department shall notify all adjoining property owners of the date, time, date and place of the public hearing on each petition. (4) Agenda - The agenda of the Board of County Commissioners' meetings shall be made available to the news media and the public no later than three (3) days prior to the meeting.

c.  Prior to any action, the Board shall review the plans, reports, recommendations, and comments from the Development Services Department, the Planning Commission, referral agencies, the petitioner or a representative of the petitioner, and interested citizens.

d. Action of the Board of County Commissioners:

(1)  Action

(i) The Board may approve, approve subject to certain conditions, or disapprove the petition.

(ii) The Board's action shall be based upon the general intent and purposes of these regulations in addition to the fulfillment of the minimum listed requirements.


(2) Continuance - The Board may move to continue action on the petition to a definite date or until the occurrence of a certain event. The petition shall be heard by the Board on the definite date or, in the case of continuance to the occurrence of a certain event, at a regularly scheduled public meeting of the Board within thirty (30) days following the occurrence of the event and after written notification by the petitioner to the Development Services Department. No petition shall remain continued in excess of one hundred eighty (180) days unless a longer period of time is requested by the petitioner and granted by the Board. Petitions continued in excess of one hundred eighty (180) days or an extension thereof shall be deemed withdrawn and a new petition shall have to be submitted in its entirety.

(3)   If the petitioner or his authorized representative fails to appear at the scheduled Board of County Commissioners' hearing without at least two (2) working day's prior notice to the Development Services Department, the Board of County Commissioners may, at its own discretion, either take action to deny or continue the petition to a date certain.

e.   Final action of the Board of County Commissioners, as may be reflected in a resolution, shall be that taken in the public hearing at the time the Board of County Commissioners takes action on the petition.

The petitioner shall be notified by the Development Services Department by letter of the action taken by the Board within ten (10) working days of the hearing.

f.  If a zone or rezone petition has been disapproved by the Board of County Commissioners, resubmittal of the previously denied petition will not be accepted for a period of one (1) year if it pertains to the same parcel of land and is a petition for a change to the same zone that was previously denied. However, if evidence is presented showing that there has been a substantial change in physical conditions or circumstances, the Planning Commission may reconsider said petition. The time limitation of one (1) year shall be computed from the date of final determination by the Board of County Com-missioners or, in the event of court litigation, from the date of the entry of final judgment of any court of record.

10.  The applicant is required to pay, prior to any public hearing, those costs assessed by referral agencies or contractual employees of El Paso County designated by El Paso County to review the project and to provide appropriate technical expert testimony at any required public hearing(s) before the County's governmental bodies. Extent and nature of payment of said costs should be established between the applicant and El Paso County prior to formal submittal.

B.   USE SUBJECT TO SPECIAL REVIEW, VARIANCE OF USE, NONCONFORMING USE

1.  Procedures for use subject to special review, variance of use or nonconforming use shall be the same as those for zoning and rezoning, with the exception of the subsection 9(b)(2) thirty (30) day notice, which shall not be required, and with the following additions and modifications:

a.  Use subject to special review petitions for mineral extraction operations, transmission towers, and solid waste disposal sites and facilities shall be subject to the following additional notification requirements:

1)  Postcard notification of Planning Commission and Board of County Commissioners' hearings shall be sent to all owners of record for properties located within a fifteen hundred (1,500) foot radius of any boundary of the subject property.

2)  In addition to any which may be required by state statute, a classified advertisement of the Planning Commission and Board of County Commissioners' hearings shall be published in a newspaper which is circulated widely in the area where the proposed use subject to special review would be located. Said advertisement shall include a small, but legible, vicinity map depicting the subject property and a brief descrip-tion of the proposed use subject to special review.

3)  Other means of extra notifications which may be employed at the discretion of the Development Services Director are the following:

-enlarged notification sign,
-notification of applicable homeowners' and neighborhood associations, etc., and
-press releases.

b.  Items may be heard by the Minor Subdivision Committee, if, in the opinion of the Development Services Director, they do not entail major land use changes.

C.   PLOT PLAN

1.  When required: A plot plan shall be required prior to the Development Services Department's authorization of the issuance of a building permit in all zones requiring said submittal.

2.  Submittal Deadline: A plot plan may be submitted at any time.

3.  Submittal Requirements: The petitioner shall submit all required items as outlined in Section 4 (Submittal Requirements). A filing fee as outlined in Section 58 shall also be submitted.

4.  Action and Procedure of the Development Services Department:

a.  The Development Services Department shall review each plot plan to determine if said plan is consistent with the standards set forth in the Zoning Regulations and other applicable regulations of El Paso County.

b. If the plan is found to be in conformance with said Regulations, the plot plan shall be approved and signed by the Development Services Director.

c. If the plot plan is not in conformance with said Regulations of El Paso County, the plot plan shall be disapproved by the Development Services Director.

5.  Effect of Approval: The approval of the plot plan shall constitute the Development Services Department's authorization for the issuance of a building permit and/or other applicable permits. Plot Plan approvals granted for the purpose of obtaining a building permit shall only be valid and in effect for a one (1) year period commencing at the date of approval.

6.  Effect of Disapproval: Upon disapproval, the petitioner may modify the plot plan to bring it into conformance with the El Paso County Regulations.

a.  Appeal: If the petitioner wishes to appeal the decision of the Development Services Director, he may bring such appeal to the El Paso County Board of Adjustment. The procedure for such appeal is set forth in Section 4, Submittal Requirements, and Section 34, Board of Adjustment.

b.  Authorization for the issuance of a building permit by the Development Services Department shall not take place if the plot plan is disapproved.

D.   VARIANCE OF ZONING

1.  Variance of Use, see Section 3, B.

2.  Variance of Physical Requirements, see Section 34, Board of Adjustment, and Section 4, Submittal Requirements. 

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