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Use-Specific Standards

How It Works

Use-specific standards are used by communities to place limitations on, or apply conditions or specific standards to, certain land uses. Use-specific standards are an effective strategy for neighborhood protection, resource protection, and risk avoidance. Use-specific standards are adopted by ordinance as part of the zoning code, but the complexity and organization of these standards varies widely across communities. As with many other zoning tools, use-specific standards can be calibrated to serve a particular purpose (such as hazard mitigation), can apply to some or all zoning districts or subareas, and can be linked to one or multiple land uses. Communities commonly apply use-specific standards to potentially problematic land uses such as liquor stores, late-night uses, pawn shops, and marijuana facilities. Such uses often come with specific challenges, such as perceptions of increased crime or traffic. Use-specific standards might require limited hours of operation, added security measures, or limiting the number of such uses within a geographic area.

For hazard mitigation purposes, use-specific standards can be applied to any use that has the potential to create or exacerbate a known hazard. One example could be to require industrial uses that store explosive materials to be set back an additional distance from residential areas. An example of the need for such setbacks occurred in April 2013 in West, Texas, when an explosion at a fertilizer storage and distribution facility resulted in 15 deaths, hundreds injured, and more than 150 buildings damaged or destroyed, due in part to the fact that the factory was located too close to residential neighborhoods, including an apartment building and nursing home.

Storage of explosive materials is one example where use-specific standards can establish safeguards against potential accidents or spills. In this example, industrial storage might be a permitted use in a particular zoning district, but the use-specific standards would indicate that storage of explosive or hazardous materials triggers additional criteria that must be met in order to proceed with that use. Those criteria might include distance requirements from residential areas, sign-off from local fire and building safety officials, and/or additional public hearings for approval (as a conditional or special use).

Use-specific standards also can be helpful in addressing other types of hazards, beyond storage of hazardous materials; for example, setback requirements can provide buffer zones from areas prone to avalanche, flood, or landslide. They could also be used to help mitigate potential fire danger in the wildland-urban interface (WUI).

A typical zoning code will describe the types of uses permitted within each zoning district and reference any additional standards that apply to that use. Communities should consider the following when developing new use-specific standards:

  • Define the purpose for the use-specific standard. Is the standard necessary to protect people or property from hazards? Is it connected to other community-wide goals or policies?
  • Define the areas where the use-specific standard applies. Should the additional standard apply to certain zoning districts or subareas? Should it apply to any parcel that proposes that particular land use?
  • Articulate the minimum standard required to mitigate the problem. Determine whether the standard can be reviewed for compliance without a public hearing.
  • Is the standard enforceable given current community resources?

Once the standards have been adopted, they should be integrated into the existing zoning regulations either in a dedicated section or throughout the applicable sections that relate to a particular use. Most codes today include a permitted land use table indicating which uses are permitted by district. That table can include cross-references for any applicable use-specific standards.

Several federal laws preempt local zoning authority when it comes to regulating specific uses, including telecommunications, signs, religious institutions, and individuals covered under the Federal Fair Housing Act. State licensing regulations may also apply to certain uses, such as group homes. Communities sometimes simply defer to federal and/or state laws when developing use-specific standards for those types of uses, but sometimes do have the ability to regulate above and beyond minimum standards established at the federal and/or state level. 

Durango applies use-specific standards to dozens of allowable uses. In particular, heavy industry must comply with use-specific standards such as limited parcel areas for proposed development, additional setbacks, limitations on outdoor storage, and requirements for a truck routing plan (for hazardous materials). Durango’s permitted use matrices make it clear to the reader which land uses are required to meet additional use-specific standards.

Durango’s use table above provides a cross-reference to additional
standards applicable to each land use (column in red).

Similarly, San Miguel County adopted use-specific standards as part of its zoning code amendments prepared for the Wright’s Mesa area in 2010. The standards reflect efforts in a rural community to control the size and scale of various uses such as logging, stables, and feedlots. Many standards focus on natural protection issues such as wildlife habitat and water quality protection.

Developing use-specific standards to address potential hazard risks can be undertaken along with other zoning code amendments, and offer the following benefits:

  • Accommodate safety and nuisance protection while allowing reasonable economic use of the property. A particular use might still be viable on a site, as long as it meets additional conditions.
  • Can be tailored to a community’s needs. Use-specific standards can apply to a land use in certain geographies, zoning districts, or based on adjacencies. They can also be drafted to require a higher level of scrutiny through the approval process.
  • Use-specific standards encourage consistent treatment of similar uses across the board.
  • Use-specific standards can accomplish multiple community goals. For example, standards can be drafted for industrial uses that protect surrounding neighborhoods from noise and air pollution, while also preserving open space and natural hazard areas.

As with any zoning code amendment, writing and passing new use-specific standards can be politically and administratively challenging. Developers may object to any new standards without a clear rationale. Other potential challenges include:

  • Use-specific standards can result in the inability to develop a particular use on a landowner’s parcel if it cannot meet defined standards for public safety and welfare.
  • Use-specific standards can be perceived as inequitably targeting certain uses in a community.
  • Developing use-specific standards requires substantial analysis (e.g., reviewing technical standards as they apply to industry standards and/or researching national best practices) to effectively accomplish the purpose without over-regulating.

Models and Commentary

Use-Specific Standards Model and Commentary

Key Facts

  • Administrative Capacity: Experienced planner
  • Mapping: Technical mapping potentially required if use-specific standards are tied to specific geographic areas or specific mapped hazard areas
  • Regulatory Requirements: Zoning ordinance
  • Maintenance: Minimal
  • Adoption Required: Yes
  • Statutory Reference: Municipalities (C.R.S. § 31-23-301) and counties (C.R.S. § 30-28-111) are explicitly authorized to regulate the location and use of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes
  • Associated Costs: Staff time 

Additional Resources

Examples of the Tool

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