A.

Purpose. In order to provide flexibility and to help diversify uses within a zoning district, specified uses are permitted in certain districts subject to the granting of a conditional use or use by special review permit. Refer to Table 3.3 for uses that may be contemplated through the Use by Special Review permit process. For purposes of this Section, the term conditional use applies to both conditional uses and uses by special review.

Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to their effects on surrounding properties. The review process prescribed in this Section is intended to assure compatibility and harmonious development between conditional uses, surrounding properties and the Town at large. Conditional uses may be permitted subject to such conditions and limitations as the Town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with the conditional use criteria. The scope and elements of any conditional use may be limited or qualified by the conditions applicable to the specific property. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied.

B.

Use by Special Review process.

1.

The procedures found in Table 3.10 shall be followed.

2.

Notice shall be given in accordance with the public hearing and general notice provisions found in this Chapter.

3.

Unless otherwise stated in the Resolution, all Use by Special Review applications shall be commenced within six months of the time of such approval, otherwise the Use by Special Review shall be null and void.

4.

Use by Special Review application submittal. The applicant shall submit the complete application package to the Town and shall request that the application be reviewed by the Planning Commission and Board.

a.

Land use application form.

b.

Title commitment. The title commitment must be current and dated no more than 30 days from the date of conditional use application submittal.

c.

Written statement and any graphics necessary to describe the precise nature of the proposed use and its operating characteristics and to illustrate how all conditional use review criteria have been satisfied.

d.

A map showing the proposed development of the site, including topography, building locations, parking, traffic circulation, usable open space, landscaped area and utilities and drainage features.

e.

Preliminary building plans and elevations sufficient to indicate the dimensions, general appearance and scale of all buildings.

f.

Such additional material as the Town may prescribe or the applicant may submit pertinent to the application.

g.

Surrounding and interested property ownership report — Provide the Town with a current set of mailing labels (not more than 30 days old) of the names and addresses of the surrounding property owners (within 300 feet of the property), mineral interest owners and mineral and oil and gas lessees of record for the property, and appropriate ditch companies. The applicant shall certify that the report is complete and accurate.

h.

For an oil and gas operations application, the applicant shall follow the application requirements of Section 30-11-101 et seq.

C.

Use by Special Reviewcriteria. The Town may approve a conditional use application if it finds that each of the following criteria are satisfied:

1.

The conditional use will satisfy all applicable provisions of the zoning code and subdivision regulations unless a variance is being requested.

2.

The conditional use will conform with or further the goals, policies and strategies set forth in the Town of Berthoud Comprehensive Plan.

3.

The conditional use will be adequately served with public utilities, services, and facilities (i.e. water, sewer, electric, schools, street system, fire protection, public transit, storm drainage, refuse collection, parks system, etc.) and not impose an undue burden above and beyond those of the permitted uses of the district.

4.

The conditional use will not substantially alter the basic character of the district in which it is in or impair the development or redevelopment potential of the district.

5.

The conditional use will result in efficient on- and off-site traffic circulation which will not have a significant adverse impact on the adjacent uses or result in hazardous conditions for pedestrians or vehicles in or adjacent to the site.

6.

Potential negative impacts of the conditional use on the rest of the neighborhood or of the neighborhood on the conditional use have been mitigated through setbacks, architecture, screen walls, landscaping, site arrangement or other methods. The applicant shall, at a minimum, satisfactorily address impacts including: traffic; activity levels; light; noise; odor; building type, style and scale; hours of operation; dust; and erosion control.

7.

The applicant has submitted evidence that all applicable local, state and federal permits have been or will be obtained.

8.

For an oil and gas operation application, the conditional use will not adversely impact the health, safety and welfare of the Town's residents in their workplaces, their homes, their schools, and public places in order to protect the public's health, safety, and welfare, and to safeguard the environment and wildlife resources.

(Ord. No. 1346, § 1(Exh. A), 10-22-2024)

Editor's note— Ord. No. 1346, § 1(Exh. A), adopted Oct. 22, 2024, repealed the former § 30-3-106 and enacted a new section as set out herein. The former § 30-3-106 pertained to similar subject matter and derived from Ord. No. 1322, § 1(Exh. A), adopted Sep. 26, 2023; Ord. No. 1336(2), § 1, adopted July 9, 2024; and Ord. No. 1326, § 1(Exh. A), adopted Nov. 28, 2023; Ord. No. 1343, § 1(Att. A), adopted Sep. 10, 2024.