Uses permitted by special review may be allowed in the designated districts upon approval consistent with this chapter.

(Ord. 149 Art. 17(part), 1973; Ord. 1111 §19, 1995; Ord. 1935 §31, 2011)

(Ord. No. 2138, § 32, 4-6-21)

Prior to any official submittal of a use by special review, the applicant shall hold a neighborhood meeting. Notice for such neighborhood meeting shall be done consistent with section 17-52, B.M.C. The neighborhood meeting provides the applicant and surrounding property owners an opportunity to review preliminary requests. The meeting should solicit input and exchange information about the proposal. The applicant shall record attendance on a sign-in sheet and shall create a summary of the meeting discussion which shall be submitted with the formal application.

(Ord. No. 2127, § 2, 8-11-20)

All requests for a use permitted by special review shall be submitted in writing to the secretary of the land use review commission meeting and shall include an application fee of $500.00.

(Ord. 149 Art. 17 §1(1), 1973; Ord. 1111 §20, 1995; Ord. 1692 §1, 2002; Ord. 1935 §32, 2011)

(Ord. No. 2138, § 33, 4-6-21)

(A)

The application shall contain a site plan showing, when applicable, the location of the building, off-street parking areas, off-street loading areas, service and refuse areas, ingress and egress to the property; major landscaping or other screening proposals, signs, pedestrian areas, a time schedule for development, and any other items that may help the land use review commission or city council to make a reasonable decision.

(B)

The application for uses permitted by special review for oil or gas wells or for injection wells shall follow the application requirements set forth in chapter 17-54, B.M.C.

(C)

The application for uses permitted by special review for wireless communications towers shall follow the application requirements set forth in chapter 17-35, B.M.C.

(Ord. 149 Art. 17 §1(2), 1973; Ord. 750 §4, 1987; Ord. 967 §2, 1993; Ord. 1026 §3, 1994; Ord. 1111 §21, 1995; Ord. 1194 §8, 1996; Ord. 1514 §9, 2000; Ord. 1935 §33, 2011)

(Ord. No. 2138, § 34, 4-6-21)

Any public hearing held pursuant to this chapter 17-30, B.M.C., shall have been properly noticed in accordance with the provisions of chapter 17-52, B.M.C.

(A)

Except for oil and gas wells or injection wells, factors to be considered are the relation of the requested uses to the character of the surrounding neighborhood, the desirability and need for such a use in the specific area of the community, adverse environmental influence that might result from its location, and, in general, compliance with the intent of this title.

(B)

For oil and gas wells or injection wells, the review criteria shall be the factors set forth in section 17-54-080 B.M.C.

(Ord. 516 §6, 1983; Ord. 967 §3, 1993; Ord. 1111 §22, 1995; Ord. 1935 §34, 2011)

(Ord. No. 2138, § 35, 4-6-21)

(A)

The land use review commission shall hold a public hearing on the proposed use by special review application and approve, approve with conditions, or deny the proposed use by special review, based on the applicable factors noted in section 17-30-040, B.M.C. Once the land use review commission issues a determination, the determination shall not be final, and no permits based upon the determination shall be issued, for fifteen calendar days after the date of the determination, in order to allow time for the applicant to appeal, or for the city council to call-up the determination for further review, pursuant to section 17-30-055, B.M.C. If the decision is to approve with conditions, the resolution shall set forth the conditions and those requirements as deemed necessary to protect the health, safety, and welfare of the community.

(B)

Notwithstanding the above, in such cases where an applicant is seeking approval of any of the following, either as a part of an application for a use by special review or in relation thereto, the final decision on the use by special review shall be made by the city council:

(1)

A site development plan for seven acres or greater;

(2)

An urban renewal site plan for seven acres or greater;

(3)

A use by special review that includes any oil and gas facilities or wireless communications facilities as an approved use; and

(4)

A development agreement, reimbursement agreement, subdivision improvement agreement, or improvement agreement requiring a financial incentive or financial obligation to be paid by the city.

(C)

For any use by special review that requires final approval by the city council pursuant to subsection (B) herein, the land use review commission shall adopt a resolution recommending approval, disapproval, or conditional approval of the use by special review, which shall be referred to the city council for final decision.

(Ord. 149 Art. 17 §1(4), 1973; Ord. 1147 §2, 1995; Ord. 1935 §35, 2011)

(Ord. No. 2138, § 36, 4-6-21)

(A)

Appeal.

(1)

The decision of the land use review commission to approve, approve with conditions, or deny a use by special review may be appealed to the city council by the applicant or other interested party. An appeal shall be filed in writing with the planning director not more than fifteen days after the action taken by the land use review commission. The appeal shall state all reasons for dissatisfaction with the action of the land use review commission.

(2)

The city council shall hold a noticed public hearing on the appeal. The decision by the city council to approve or deny a use by special review shall be final and binding. The accepted appeal will be placed on the first possible public hearing agenda, to be determined and coordinated by the city clerk's office. City council shall hold a public hearing on the proposed use by special review application and approve, approve with conditions, or deny the proposed use by special review, based on the applicable approval criteria in section 17-30-040, B.M.C.

(B)

Call-up by city council.

(1)

At the same time a decision concerning the use by special review is provided to the applicant, the planning director shall forward to the city council a written statement including at a minimum the following:

(a)

The location of the affected property

(b)

A description of the proposed use by special review

(c)

Summary of public comments submitted regarding the application

(d)

The basis for the land use review commission's decision

(2)

Upon receiving the planning director's statement, and no later than fifteen calendar days after the date of the decision, a city councilmember may call-up the commission's decision for review before the city council.

(a)

The city council shall review the commission's determination at a public hearing held as soon as practical after the commission's decision. Prior written notice of this hearing shall be provided to the applicant and the public pursuant to chapter 17-52, B.M.C.

(b)

At the public hearing, the city council shall consider evidence related to the commission's decision, which may be presented by the city manager or designee, the applicant, or interested members of the public. The city council shall not be limited in their review to the subject of the call-up, but may review any aspect or component of the application that was called-up. Based upon this evidence, the city council may affirm the commission's decision, alter conditions, add new conditions, or reverse the commission's determination on any aspect of the use by special review application. No use by special review that is the subject of a call-up shall be recorded, and no permits based upon the use by special review shall be issued, until such time that a public hearing has been conducted by the city council and a final decision approving the use by special review has been made by the city council.

(Ord. No. 2138, § 37, 4-6-21)

The city council shall consider any recommendation it receives from the land use review commission and any matter that has been called-up by any member of the city council pursuant to section 17-30-055, B.M.C., at a public hearing. Upon closing the public hearing, the city council shall make a final decision of approval, or approval with conditions, or of denial. Factors to be considered are those specified in section 17-30-040, B.M.C. Once the city council issues a decision, the decision shall not be effective until fifteen calendar days after the date of the decision. No documents shall be recorded and no permits based on the decision shall be issued until after the fifteen day period has expired.

(Ord. 516 §7, 1983; Ord. 1111 §23, 1995; Ord. 1935 §36, 2011)

(Ord. No. 2138, § 38, 4-6-21)

Any decision of the land use review commission or city council on special reviews shall state in the official minutes the reasons for such decision.

(Ord. 149 Art. 17 §1(6), 1973; Ord. 1111 §24, 1995; Ord. 1935 §37, 2011)

(Ord. No. 2138, § 39, 4-6-21)

All special review requests shall be valid for three years from the approval date. If the approved use is in operation by the end of the specified period, the approval shall remain valid so long as the use continues. If the approved use is not in operation at the end of the specified period, or if it thereafter ceases, the approval shall be deemed void and of no further force and effect, and no building or other construction permits shall be issued until and unless the special review request is reapproved pursuant to chapter 17-30, B.M.C.

(Ord. 750 §6, 1987)

(Ord. No. 2138, § 40, 4-6-21)

The following additional requirements or considerations for uses permitted by special review shall be met as described in this section. Conditions in addition to those set forth below may also be applied by the city council:

(A)

Churches in the E-2 district, provided that the minimum area of the lot is at least three times the total floor area of the church building.

(B)

Child day care facilities; provided that:

(1)

For child day care facilities providing care for five through twelve children: a) at least fifty square feet per child of usable indoor floor area; and b) at least 200 square feet per child or 1,500 square feet of outdoor fenced play area is provided, whichever is greater.

(2)

For child day care facilities providing care for thirteen or more children: a) a minimum of thirty square feet per child or 600 square feet of usable indoor floor area, whichever is greater, and a minimum of fifty square feet of usable indoor floor area per child for nursery care; and b) a minimum of seventy-five square feet per child or 2,400 square feet of outdoor fenced play area, whichever is greater.

(3)

The child day care facilities are properly licensed by the Colorado State Department of Social Services, as required by statute.

(C)

Noncommercial recreational uses, including swimming pools, community buildings, tennis courts, and similar uses as a principal use in the E-1, E-2, R-1, R-3, and R-5 districts; provided that lighting of outside areas is controlled and that all buildings and active play areas are located at least 225 feet from all lot lines.

(D)

Planned unit developments if the requirements, procedures, and approvals of chapter 17-38, B.M.C., are met.

(E)

Colleges and universities in the R-5 district; provided that the total area is at least forty acres and that buildings are located at least 100 feet from all lot lines.

(F)

Mobile home communities in the R-1, R-3, and R-5 districts; provided that each mobile home community complies with the requirements of chapter 17-42, B.M.C.

(G)

All gas stations, service stations, outdoor recreation uses, outdoor restaurants, and other outdoor eating and drinking places in the B-1 and B-3 districts, provided that:

(1)

Access locations are approved by the city engineer;

(2)

Lights and signs are controlled to protect adjacent residential areas;

(3)

Landscaping or solid fencing capable of screening the adjacent property is provided whenever such uses abut residential zoning district lines.

(H)

Undertaking establishments in the B-1 district; provided that special provisions are made for off-street parking and for screening from any adjoining residential zoning district.

(I)

Warehouse, distribution, and wholesale uses in the I-1 district; provided that truck traffic serving such uses would not be detrimental or hazardous to other existing or future limited industrial uses in the same zoning district or to uses in other adjoining zoning districts.

(Ord. 149 Art. 17 §2, 1973; Ord. 257 Art. 1 §5, 1975)

(Ord. No. 2198, § 8, 9-27-22)