Each established zoning district is intended for a specific type or category of land use (e.g., single-family dwellings in an R-1 District). However, there are certain uses which may or may not be appropriate in a particular district, depending on the situation. For example, the location, nature of the proposed use, character of the surrounding area, traffic capacities of adjacent streets and potential environmental effects all may indicate that the circumstances of the development should be individually reviewed and approved only when they satisfy the goals and standards established in this Chapter. The special review process is established to provide for review to determine if these specific uses and allowances are appropriate without establishing numerous separate zoning classifications. It is the intent of this Chapter to provide a review of such uses and approval if appropriate so that the community is assured that the proposed uses are compatible with the location and surrounding land uses.

(Prior code 70-15; Ord. 29, 2003)

(a)

Within each zoning district, certain land uses are permitted by right, by special review or prohibited. Special review uses may be permitted in designated districts upon approval by the Town Council.

(b)

In addition, the Town Council may also permit certain flexibility to the Schedule of Requirements outlined in Section 16-22 established through the Town's Zoning Districts through special review when specifically provided for in this Chapter; and may provide for certain allowances to occur through special review approval when specifically provided for in this Chapter, an example of which is development on slopes greater than thirty percent (30%).

(c)

The Town Council is not required to approve a special review application. The criteria for the Town Council's review and approval, denial or approval with conditions are established throughout the Code.

(Prior code 70-16; Ord. 29, 2003)

(a)

There shall be filed with each special review application a site plan drawn to scale and an appropriate number of copies as determined by the Town Planner.

(b)

Following approval by the Town Council, the applicant shall submit a reproducible copy of the approved site plan to the Town for the Town's permanent records suitable for recording in the public records in such formats as may be required by the Town Planner.

(c)

The special review site plan and other information submitted with the application shall show or include the following:

(1)

The location of all existing and proposed structures and other improvements on the real property. A building envelope may be used in lieu of showing the exact building or structure location to allow for minor variations in the location.

(2)

A legal description of the property.

(3)

A list of all property owners within three hundred (300) feet of the property.

(4)

All off-street parking and loading areas.

(5)

The location of all ways for ingress and egress to all buildings and parking areas.

(6)

Service and refuse collection areas.

(7)

Major screening proposals.

(8)

The size, shape, height and character of all signs.

(9)

The area and location of all open space and recreation areas.

(10)

The location and type of outdoor lighting.

(11)

A comprehensive landscaping and irrigation plan shall be submitted satisfying the requirements of Paragraphs 16-73(d)(2), (3), (5) and (9).

(12)

The anticipated timetable for completion. If the project is to be completed in phases, then the data for completion of each phase shall be indicated.

(13)

All owners and lienholders of the property shall sign the following agreement that will be placed on the original special review site plan:

The undersigned agree that the real property described on the site plan shall be developed only in accordance with the approved special review site plan and other provisions of the Zoning Regulations of the Town of Basalt.

____________________

____________________

(14)

In addition to the site plan, a title policy shall be provided to the Town indicating that the property is free and clear of all ownership disputes, liens or encumbrances whatsoever, which would impair the property to be utilized for the uses approved. The title policy shall provide verification that all owners and lienholders have signed the special review site plan. The title policy shall be effective within twenty-four (24) hours after the date of approval by the Town Council. If the title policy is not provided to the Town Clerk within seven (7) days after action by the Town Council, the action by the Town Council may be voided.

(15)

Other information as needed by the Town to analyze the feasibility and impacts of the special review use, which may include but not be limited to traffic analyses, soils or geological reports or drainage and engineering studies.

(16)

A drawing or statement if determined adequate by the Town Planner regarding the building character, including height, square footage, number of bedrooms and floor area ratio or lot coverage.

(17)

Drawings, computer visualization or models accurately depicting the proposed new construction in relation to existing and proposed buildings on the lot and adjacent properties and typography.

(Prior code 70-17; Ord. 29, 2003; Ord. 33 §B1, 2003; Ord. 11 §6, 2011)

(a)

Preapplication conference. The applicant shall schedule a conference with the Town Manager or his or her designated representative prior to submitting a formal application. This will serve to better acquaint the applicant with the Town's policies, requirements and procedures and the Master Plan objectives. The preapplication conference should be held before the applicant has entered into binding commitments or incurs substantial expense in the preparation of plans, surveys and other studies.

(b)

Filing deadline. Applications for special review shall be filed at least thirty (30) days in advance of the meeting at which they are to be considered by the Planning and Zoning Commission. The Town will provide the applicant with a list of filing deadlines and meeting dates. Applications that are incomplete at the time of filing will not be scheduled for review by the Planning and Zoning Commission.

(c)

Fees. All persons filing a special review application shall be charged a fee to cover the cost of advertising and processing. The fees shall be in an amount approved by the Town Council pursuant to Section 2-381 et seq.

(d)

Review by the Town Manager. The Town Manager shall review the application for compliance with the provisions of the Code, the site plan review criteria of Article VI and the standards of this Section, and for consistency with the Master Plan. The Town Manager shall receive comments from all other pertinent Town departments and other agencies and from the established Technical Review Committee. The Town Manager may then submit his or her recommendations and comments to the Planning and Zoning Commission for its consideration at its next regularly scheduled meeting. Copies of staff recommendations shall be available to the applicant prior to the Commission meeting.

(e)

Action by the Planning and Zoning Commission.

(1)

At a duly noticed public hearing, the Planning and Zoning Commission shall consider the special review application and the comments and recommendations of the Town Manager. As a part of its review of the proposed special review use, the Commission shall consider the following factors:

a.

Compliance of the application with the Code in general.

b.

The site plan review criteria of Article VI.

c.

The compatibility of the proposed use with the character of the surrounding area.

d.

The desirability and need for the proposed use.

e.

The potential for adverse environmental influences that might result from the proposed use.

f.

Compatibility of the proposed use and site plan with the Master Plan.

g.

The natural characteristics and constraints of the lot.

(2)

The Planning and Zoning Commission shall then recommend to the Town Council that the matter be:

a.

Approved;

b.

Approved with modifications; or

c.

Denied.

(f)

Action by the Town Council. The Town Council shall, at a regular meeting following the Planning and Zoning Commission action, consider the special review request and the recommendations of the staff and the Planning and Zoning Commission. The Town Council shall then make the final decision to:

(1)

Approve the application;

(2)

Approve the application with modifications; or

(3)

Deny the application.

(g)

Applications for wireless communications facilities. Special review applications for wireless communication facilities shall be reviewed in accordance with the procedures set forth above and in Section 16-191; however, the Planning and Zoning Commission shall be the final decisionmaker and not Town Council. An applicant may appeal a decision of the Planning and Zoning Commission for review by Town Council if notice of appeal is filed with the Town Planner within fourteen (14) days of the Planning Commission's decision. Upon receipt of such notice, the Town Council will schedule such appeal with Town Council at its next regular meeting following satisfaction of public notice requirements under Section 16-269.

(Prior code 70-18; Ord. 12 §B35, 2003; Ord. 05 §D, 2012; Ord. 18 §2(Exh. A), 2019)

(a)

Following approval of a special review application, all real property described in the application must be improved, developed and used in accordance with the approved application, the site plan and any written proposals submitted therewith within the completion date or dates set by the Town Council.

(b)

Any changes or modifications to the special review application or site plan shall be permitted only in accordance with the procedures stated in Section 16-46 of this Chapter.

(c)

It is unlawful for the owner of any property subject to an approved special review application to fail to complete all improvements within the approved completion date or dates set by the Town or to use the property for any use not set forth in an approved special review application. Each day of violation shall be considered as a separate violation of the provisions of this Chapter.

(d)

Upon approval of a special review application, the applicant shall comply in full with the parkland dedication requirement as set forth in Section 17-15 of this Code to the extent that special review approval allows construction or development in excess of that allowed as a right in the given zone district.

(Prior code 70-19)

Changes or modifications to an approved special review application and site plan shall be permitted by following the procedures of this Chapter for rescinding a special review application and securing approval of the original application, except as follows:

(1)

For minor variations in the location of structures, improvements or open areas caused by engineering or other unforeseen difficulties, the Planning and Zoning Commission may authorize a modification to an approved site plan without public hearing. Such changes or modifications authorized by this Subsection shall not modify the use, character or density of an approved special review application or site plan. All site plans so modified shall be amended to show the authorized modifications.

(2)

The Planning and Zoning Commission may also grant, without a public hearing, an extension of the time schedule for a period not to exceed six (6) months. Not more than two (2) such extensions may be granted without a duly noticed public hearing.

(Prior code 70-20)

Approved special review applications may be terminated as follows:

(1)

By Town Council action. If construction is not completed and use not established on a property subject to an approved special review application in accordance with and within the time schedule set forth in the application, the Town Council may require the property owner to appear before it and present evidence establishing that he or she has not abandoned the use of the property as approved by the Town Council and that he or she has the ability to complete the development of the property. In the event that the Town Council finds that the conditions which existed at the time of the approval of the application have changed so that reasonable questions are raised regarding the property owner's ability and intention to comply with the application, it may withdraw its approval. Upon such rescission, all uses permitted by the application shall terminate. In its discretion and for good cause shown, the Town Council may extend the period of time for completion of construction and use of the property as provided in the application.

(2)

By owner's action. The owner of a property subject to a special review application may petition the Town Council to rescind its approval of the special review application pertaining to his or her property or any part thereof. Such petition shall be signed by all the owners of the property and filed with the Town Clerk. The petition shall then be submitted to the Town Council for its consideration. The Town Council shall then consider the petition and determine whether or not to grant the same. If the petition is granted, all uses permitted by the special review application shall terminate as to the property described in the petition.

(Prior code 70-21; Ord. 33 §B1, 2003)