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Zoning & Subdivision

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1. What is zoning and how does it impact me and my property?

Zoning is a tool used to regulate land development. Generally, it separates incompatible uses and determines how your property can be used. It also establishes design parameters such as minimum lot size, minimum building setbacks, maximum building height and the number of residential housing units.

2. How can I find out my zoning?

You can find out the zoning on your property by calling the Planning and Zoning Department at 719-276-5294. Typically, just a street address is needed. You can also look at the Zoning Map online. Due to the scale and color shading that you see on a computer screen, we recommend you call and talk to the planner to verify that the information you see is correct. For more information, see the Zoning Map (PDF).

3. Are there other regulating documents that impact my property?

Yes, but these pertain mostly if you are planning to do a major subdivision, or develop multi-family, commercial or industrial property. View the Community Plans tab on the Zoning and Subdivision homepage for access to these plans.

4. Can you tell me where my property lines are located or can the city survey my property?

It is the property owners’ responsibility to determine where their property lines are; the city does not provide survey services to residents. However, if you have a mortgage on your property, it is possible that you have an improvement location certificate (ILC) among your closing papers. The ILC, while not a pinned survey, is a “birdseye” view of your property and shows existing structures and approximate distances from property lines. The Fremont County Assessor’s office maintains a Geographic Information System (GIS) database that shows the approximate location of property lines also. Remember that only a land survey conducted by a registered land surveyor in the State of Colorado can be fully relied upon to provide the accurate locations of your property lines, buildings and fences.

5. Does the City have a list of local surveyors I can contact for my project?

Registered land surveyors are sometimes necessary to help a property owner legally establish property lines, create a subdivision plat, or draft a metes and bounds legal description for a parcel. Additionally, certain land use applications in the City require professional land surveys and other development services. Cañon City provides a list of surveyors (PDF) to service to the community.

Please be advised that the City neither endorses nor recommends any surveyor or development consultant. Registered land surveyors and other development professionals may also be found online and in phone books.

6. If my property is zoned R2, Medium Density Residential does it mean that I can have a duplex?

The R-2 zone district allows both single family and two family residences. In order to have a duplex on an R-2 zoned property, a minimum of 7,000 square feet of lot area with 60 feet of lot width is required. A single-family residence in the R-2 zone district requires 6,000 square feet of lot area with 60 feet of lot width.

7. What if I want to vary my zoning standards?

Sometimes a variance to the area standards (setbacks, building height, for instance) might be warranted. The intent of the variance is to allow a property owner relief from a zoning district standard for his/her property. Variances are heard by the Board of Adjustment at a public hearing.

Variance Request

There are six evaluation criteria used to analyze a variance request. As a rule, a variance should only be granted when there is a unique physical characteristic impacting the ability to develop the property (such as topography or irregular lot shape), if there are similar conditions in the area and when there would be no detriment to the neighborhood. Please refer to Chapter 17.36 of the Zoning Regulations for more information about variances and speak to the City Planner before submitting an application.

8. How do I know if my project will be approvable or supported by staff?

The planning staff is available for consultation every day by phone regarding any potential land use application. The planner may have to consult with the Community Development Director and others as to their opinions for the project. More complicated requests such as proposed special uses, zone changes, variances, or lot splits or adjustments will need to be discussed with city staff at a pre-application conference.

9. What is a pre-application meeting?

A pre-application meeting is required for all potential land use applications, except building permits for single-family, duplex or tri-plex construction. The purpose of these meetings is to provide an opportunity for potential development applicants to discuss their land use proposal with various city staff persons from the Community Development and Engineering departments. While city staff cannot predict the outcome of any land use development application, they can respond as to process and feasibility of approval. Please call the Planning Department at 719.276.5294 to schedule a pre-application meeting.

10. What kinds of information do I have to bring to a pre-application meeting?

A sketched drawing (or preliminary plan) can be very helpful as the staff discusses your plan with you.

11. What is a site plan?

A site plan graphically depicts how a lot or parcel will be developed and usually includes other development-related information about the proposed use(s) like grading and drainage plans, access permits and/or traffic studies.

12. When do I have to do a site plan?

Unless a development or activity is exempt or a waiver is issued, site plan review is required before a building permit may be issued. Chapter 4.12 of the Subdivision and Development Regulations pertains to new or expanding multi-family, commercial or industrial development. This review ensures compliance with the standards and provisions of City regulations. Site plans (with minimal requirements) are required for residential development also. Call the Planner at 719.276.5294 for more information.

13. What is a special review use?

Each of the zone districts in the city has a list of permitted, special review uses and conditional uses. Special review uses are intended to fill a particular void in services but because of their possible impacts on a neighborhood they are looked at carefully before they are approved. Approval of a special review use is dependent on compatibility with surrounding land uses, design of the property, and operation and management of the use. Special review use approvals can be vested with the land in perpetuity or can be for a specific period of time. An applicant requesting a special review use must have a pre-application conference with city staff.

Request Process

Special review use requests must go through a public hearing process in front of Planning Commission and City Council and may be approved, approved with conditions or denied. Depending on the zone district, examples of special review uses are: accessory dwelling units, schools, recreational and social facilities, child care centers, professional offices, animal kennels/hospitals and salvage yards. Refer to Chapter 17.24 and 17.12 of the Zoning Regulations for more information about special review use

14. What is a conditional use?

A conditional use is similar to a special review use, but it generally produces less impacts. Conditional uses generally are approved for specific time periods. An applicant requesting a conditional use must have a pre-application conference with city staff. Applications are reviewed and may be approved, approved with conditions or denied by the Zoning Administrator. Depending on the zone district, examples of conditional uses are

• Bed and breakfast
• Farm stand
• Farmer’s market
• Social facility
• Temporary use of a mobile home or RV

Zoning Regulations

Refer to Chapter 17.23 and 17.12 of the Zoning Regulations for more information about conditional uses

15. What is a zone change?

A zone change is a process by which the zoning on a particular property is changed to a different zoning. A property owner may choose to change the zoning to use the property differently from what the existing zoning allows (for example, residential versus commercial). However, zone change requests are not necessarily approved. Please refer to the policies and conditions for rezoning in Chapter 17.40 of the Zoning Regulations for more information. Any zone change request requires a pre-application conference with city staff and public hearings in front of Planning Commission and City Council.

16. What public noticing is given for upcoming public hearings?

When it’s required, one or more of these types of notice may be given: all property owners within a 300-foot radius are sent a mailed notice announcing the date, time and location of the public hearings, a legal advertisement is placed in the Canon City Daily Record and the subject property is posted for 10 to 15 days with public hearing signs.

17. As an interested citizen, how do I convey my opinions about a proposed special review use or zone change proposal in my neighborhood?

All public hearings are open to the public to appear and give testimony. Testimony can include written correspondence or a statement made at the public hearing. Any correspondence provided to staff will be forwarded to the Planning Commission and City Council as part of the staff report. All pertinent correspondence should be routed through the planning staff.

18. Can I contact my City Council representatives to express my opinion about a land use application?

Public hearings are quasi-judicial in nature. This means that the deciding body should make a decision only on the testimony presented at the public hearings. Please do not contact the Mayor, Planning Commission members or City Council representatives to discuss the merits of a case prior to the public hearing. It could jeopardize their ability to hear the case. Please come to the hearing to speak about your concerns or write a letter and give it to the planning staff so that it can be included in the staff report.

19. What if I want to subdivide or adjust a lot line on my property.

You can, if the resulting lot(s) meet the minimum yard and bulk requirements of the zone district in which the property is located. However, that’s just one consideration when subdividing. The city has a streamlined process for subdivisions that meet certain requirements. All types of subdivision applications, whether you are moving a lot line or creating a 100-lot subdivision, require a pre-application meeting. So, please call to discuss your plans with the Planner at 719-276-5294 and view the Subdivision Regulations.

20. I have an addressing question. Who should I call?

Contact the Planner at 719.276.5294 for questions about assigning or changing addresses in the City.