EL PASO COUNTY
LAND DEVELOPMENT CODE

Chapter IV - Obsolete Zones
(No Property will be Rezoned to the R-4. C-1. C-2 or M Districts)

R-4   Planned Development District

This district is established to provide more flexibility and latitude of design; to provide for a greater variety of principal and accessory uses in the development of land; to address the advantages resultant from technological change; and, to encourage initiative and creative development of parks, recreation areas, and open space.

B.   PRINCIPAL USE(S)

Add the letter designation in ( ) after number identifying the principal use(s).

1.   (C)    Commercial uses as outlined in the PBP (Planned Business Park) zone
2.   (C & T)    Condominiums, Townhouses
3.   (D-1)    Dwelling, Single
4.   (D-2)    Dwelling, Duplex
5.   (D-3)    Dwelling, Multifamily (3 or more units)
6.   Public Park & Open Space
7.   Tower, Private (See §35.11) #

A Rezoning Petition to the R-4 (Planned Unit Development) District shall specify the Principal Use(s) proposed and graphically illustrate the location of the use(s) on the plot plan submitted with the rezoning request.

C.   USES REQUIRING SPECIAL APPROVAL (SPECIAL USES)

1.   dustrial Uses as outlined in the PID zone (allowed only in conjunction with one or more principal permitted uses)
2.   Mineral Resource Extraction (See §§35.8 and 35.13).
3.   Tower, Private (See §35.11) #

D.   ACCESSORY BUILDINGS AND USES

1.   Please refer to Section 35.1. 2. Home Occupations.

E.   DEVELOPMENT REQUIREMENTS

1.   Those uses identified with a pound sign (#) are secondary uses to be conducted in conjunction with Principal (Primary) Uses.

2.   Setback Requirements:   The front, rear and side yard setback requirements shall be measured from the exterior boundaries of the district (all attached dwelling units are allowed zero side yard setbacks except at the ends of structures).

a.   Front yard:  The front yard setback shall be no less than the minimum setback required by the most restrictive adjoin-ing zoning district to which the front yard of the proposed R4 zone is adjacent. This setback shall be indicated on the plot plan.

b.   Side yard:  The side yard setback shall be no less than the minimum setback required by the most restrictive adjoining zoning district to which the side yard of the proposed R4 zone is adjacent. This setback shall be indicated on the plot plan.

c.   Rear yard:  The rear yard setback shall be no less than the minimum setback required by the most restrictive adjoining zoning district to which the rear yard of the pro-posed R4 zone is adjacent. This setback shall be indicated on the plot plan.

3.   Maximum structural height: Forty (40) feet.

4.   Minimum size: An R-4 district shall be approved only on a tract of land proposed to be developed for five (5) or more dwelling units or which is two (2) acres or larger.

F.   PETITION PROCEDURE

The petition procedure followed shall be that required for review of a zone change. Minimal submittal requirements shall include:

1.   A submittal conforming to the requirements for rezoning.
2.   A submittal conforming to the requirements for preliminary plan.
3.   A submittal conforming to the requirements for special use approval (if applicable). 4.   A submittal conforming to the requirements for final plats (if applicable).
5.   A submittal conforming to the requirements for plot plans.

G.   PLAT

Prior to the approval of a building permit, an application conforming to the requirements for preliminary plan and final plat shall be sub-mitted. In cases in which multifamily units, condominiums, townhouses, or separation of a parcel into lots or separate interests are contem-plated, a submittal conforming to the requirements for final plats shall be required, in addition to the preliminary plat submittal.

H.   PLOT PLAN

A plot plan conforming to the requirements for plot plans shall be submitted with the zoning petition. The plot plan shall show all uses, densities, setbacks, and other relevant information. In cases in which the proposal is modified subsequent to approval, the petitioner shall submit a revised plot plan to the Development Services Department for review. In cases in which a parcel has been zoned R4 prior to the adoption of these regulations, a plot plan shall be submitted prior to issuance of a building permit.

1.   Administrative approval of the plot plan shall constitute general approval of the land use, density, and design, subject to approval of preliminary and final plats. Approval of use, density, and design is an administrative procedure and shall be predicated on the ability of the proposal to meet the re-quirements and spirit of the El Paso County Land Use Guidelines and subdivision design and performance standards.

I.   MAINTENANCE PLAN

In cases in which maintenance of roads, common areas, open space, or facilities normally maintained by public entities are proposed to be maintained by homeowners associations, or other nongovernmental bodies, the applicant shall submit a maintenance plan con-forming to the requirements of Section 38.

J.   GENERAL REGULATIONS

Off-street Parking - Refer to Section 35.3
Advertising Devices - Refer to Section 35.4
Landscaping Requirements - Refer to Section 35.12

K.   EXCEPTIONS TO NORMAL DEVELOPMENT REQUIREMENTS

In cases in which strict adherence to standard development requirements would act to defeat the intent and purposes of this zone, the Board may waive or modify certain development requirements. In such cases, the burden of proof for showing that the proposed standards perform the functions required in an adequate manner shall be on the petitioner.

L.   STANDARDS FOR REVIEW

The Development Services Director shall utilize the standards set forth in the El Paso County Land Development Guidelines and in Section 49.1 "Development Regulations" of the subdivision regulations in reviewing and approving density, use, and design features in the plot plan and letter of intent.

M.   DISCONTINUANCE OF ZONING OR REZONING

1.   No land in the unincorporated portion of El Paso County shall be zoned or rezoned to R-4 (Planned Development) District on or subsequent to May 1, 1991.

2.   All land in the unincorporated portion of El Paso County zoned R-4 (Planned Development) District on or before May 1, 1991, shall remain so zoned and subject to all the provisions of said zone district until such time as said land is either rezoned to another valid zone district or annexed to a municipality.

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