Whenever a use has been designated a conditional use, a permit allowing such use shall be issued only upon approval by the Board in conformance with this Article and the requirements of Section 16-9-70 of this Chapter.

(Prior code 15-2-16)

All applications for approval of a conditional use permit shall be processed by making a direct application to the Board. In the event approval for any change to the exterior of any structure is being requested in connection with the conditional use application, architectural approval by the Board of such change or alteration shall be a criterion for approval of the conditional use application. The Board shall then follow its standard procedures, as outlined in this Article for setting a public hearing. In making its decision, it shall follow the intent of this Article and the criteria listed below.

(Ord. 13 §1, 2006)

(a)

No conditional use shall be approved unless architectural approval for any exterior change associated with such use has also been approved, and the Board finds that the use complies with all of the criteria contained in this Section. If the use does not comply with all of such criteria, or if architectural approval for the exterior changes associated with such use has not been obtained, the use shall either be approved with conditions that ensure compliance with all such criteria and the requirements of the Board for architectural approval, be continued to a date certain or be denied by a motion of the Board. If a continued request is not rescheduled by the proponent for discussion to occur on or before the date to which the request is continued, the request is deemed to be denied without further action by the Board.

(b)

The use must:

(1)

Be compatible with the neighborhood context and size. When determining compatibility with the neighborhood, the Board shall consider at least the following:

a.

Size.

b.

Density of buildings.

c.

Amount of open space.

d.

Scale.

e.

Snow storage.

f.

Snow removal.

g.

Landscaping.

h.

Similar land uses.

(2)

Be consistent with the objectives and purposes of this Chapter and the applicable zoning district.

(3)

Not create congestion, automotive or pedestrian safety problems or other traffic hazards.

(4)

Not create any significant noise, dust, vapor, fumes, odor, smoke, vibration, glare, light, trash removal or waste disposal problems.

(5)

Not create significant adverse effects to public facilities, rights-of-way or utilities.

(6)

Not create significant adverse impacts on the uses of adjacent property.

(7)

Allow for adequate parking for the use or make payment in lieu if allowed in the zone district.

(c)

In addition, the net effect of any proposed use on the number of long-term housing units should be considered.

(Prior code 15-2-16; Ord. 13 §2, 1991; Ord. 13 §2, 2006; Ord. 4 §1, 2009)

No approved conditional use may be modified, structurally enlarged or expanded in square footage unless such modification, enlargement or expansion receives the prior approval of the Board, which approval shall be obtained by repetition of the granting procedures herein provided.

(Prior code 15-2-16)

(a)

Whenever a use in the "C" District is conditional because it may create unusual traffic hazards, noise, dust, fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal problems, such use shall not be approved without the following limitations:

(1)

All such uses shall be operated within an enclosed structure.

(2)

Noise, dust, fumes, odors, smoke, vapor, vibration, glare or waste shall be confined to the lot on which the use is permitted.

(3)

Outdoor storage, equipment and refuse areas shall be concealed from the view of abutting residential districts and public rights-of-way.

(b)

A commercial use shall be considered conditional under this Article when the Building Inspector or the Board determines that unusual problems, as stated above, exist.

(Prior code 15-2-16; Ord. 4 §1, 2009)

Whenever a conditional use is requested in the "R2C" District on lots of sizes greater than six thousand two hundred fifty (6,250) square feet, the Board shall make the following findings prior to granting approval of such use:

(1)

The mass of the proposed second accessory dwelling will be substantially screened from the street by historic structures and/or by landscaping.

(2)

The applicant has agreed to a deed restriction which will limit any addition to the historic primary structure to two-thirds (⅔) the size of the historic primary structure as it existed on April 3, 2000.

(3)

The applicant has agreed to a deed restriction that will require that the historic primary structure remain the historic primary structure.

(4)

The size of the accessory dwellings on the property shall be limited to two-thirds (⅔) the size of the historic primary structure as the historic primary structure existed on April 3, 2000.

(Prior code 15-2-16; Ord. 5 §9, 2000; Ord. 4 §1, 2009)

Whenever the conditional use of redesignating a historic primary dwelling to accessory dwelling status in connection with an application for the proposed construction of a new primary dwelling is requested in the "R1C," "R2C" and "R3C" Districts, the Board shall make the following findings prior to granting approval of such use:

(1)

The existing historic primary dwelling has not been or will be altered to fit within the size restrictions of accessory dwellings, nor moved from its historic location on the lot after April 3, 2000.

(2)

The minimum distance between the historic primary dwelling on the site and the new primary structure on the site is twelve and one-half (12.5) feet adjacent to that portion of the new structure that does not shed snow towards the historic primary dwelling from the new structure. Otherwise, the minimum distance between the structures must be fifteen (15) feet.

(3)

The minimum distance between the historic and new buildings is maintained as a clear corridor, without structures, from the front lot line to the rear lot line.

(4)

The applicant has agreed to a deed restriction providing that the former historic primary dwelling shall continue to be treated as the primary structure for architectural review purposes.

(5)

The height of the new, proposed primary structure does not exceed the average height of historic primary dwellings in the neighborhood, except that the module closest to the front street frontage may exceed this height by twenty percent (20%), so long as the average height of the entire structure does not exceed the average height of historic primary dwellings in the neighborhood. The Building Official shall determine the average height and compliance therewith by measuring the length of primary ridges on gable roofs, the length of the highest point of shed roofs and the average between the length of the highest point and eave lengths on conical or hip roofs.

(6)

The new, proposed primary dwelling fronts on a street or avenue and relates to the street in a manner consistent with other primary dwellings on the street.

(7)

The size of the new primary structure shall not exceed that permitted by matter-of-right on the parcel.

(Prior code 15-2-16; Ord. 5 §11, 2000; Ord. 4 §1, 2009)

(a)

No conditional use shall be approved for a Timeshare Development Project unless the Board finds that the Project complies with the following criteria for a Timeshare Development Project. If the Project does not comply with all of the following criteria, the Project may be approved with conditions that ensure adequate compliance with all of such criteria or it shall be denied by motion of the Board. The Project shall:

(1)

Be consistent with the purpose, intent, goals and objectives of Article 7 of this Chapter;

(2)

Shall demonstrate that the negative impacts caused by the Project through the life thereof upon, without limitation, the Town's image as a historic residential community, infrastructure and other structures, revenue sources, transportation systems, amenities, programs and facilities, programs and facilities of special districts providing services to the Town will be satisfactorily mitigated; and

(3)

Any other matter of consideration that the Board deems to be relevant in upholding the purposes, intents, goals and objectives of Article 7.

(b)

The conditional use approval for Timeshare Development shall meet the criteria established under Section 16-8-20 of this Article.

(c)

In granting the conditional use approval for Timesharing, the Board shall also consider the effect of the Project on the availability of short-term rentals available to the general public on a year-round basis.

(Ord. 8 §5, 2008; Ord. 4 §1, 2009)

No conditional use permit for a marijuana establishment shall be given unless the following criteria are first met:

(1)

None of the following marijuana establishments shall be allowed except in accordance with the following location requirements and restrictions:

a.

No marijuana establishment shall be located within five hundred (500) feet of any licensed child care facility at the time of establishment of such business.

b.

No marijuana establishment shall be located within five hundred (500) feet of any school at the time of establishment of such business.

c.

No marijuana establishment shall be located within one hundred seventy-five (175) feet of any public park or playground at the time of establishment of such business.

d.

No marijuana establishment shall be located adjacent, as defined in Section 6-5-40 of this Code, to a residential dwelling at the time of establishment of such business.

e.

No marijuana establishment shall be located in a movable or mobile structure.

f.

No marijuana establishment shall be located in a residential unit of any kind.

g.

Marijuana establishments may not serve as home occupations as defined in Section 16-1-20 of this Chapter.

h.

Marijuana establishments must have unique physical addresses.

i.

Medical marijuana centers and retail marijuana stores must be accessible from public rights-of-way.

(2)

In addition to the conditional use criteria set forth in this Article, the Board shall consider whether the issuance of a conditional use permit for a marijuana establishment would result in or cause an undue concentration of such businesses within the Town.

(3)

A conditional use permit for a marijuana establishment may not be issued for premises used in conjunction with a conditional use for a restaurant or other use that serves and/or prepares foodstuffs.

(4)

A conditional use for any medical marijuana-infused product manufacturer or retail marijuana products manufacturer may be granted only where the production of such products is demonstrated to be in compliance with state requirements regarding the production of foodstuffs.

(5)

Before a conditional use permit for a marijuana establishment may be issued, the applicant therefor must demonstrate that electrical service satisfactory to the Building Official will be utilized at the premises and moisture, dust, vapors, fumes and odors being created at the premises will be adequately confined and mitigated to the satisfaction of the Building Official so that no nuisance could exist to nearby properties and the public.

(6)

Only five (5) conditional use permits total for the following uses shall be allowed at any given time:

a.

Medical marijuana centers, retail marijuana stores and dual medical marijuana centers and retail marijuana stores; and

b.

Medical marijuana-infused product manufacturers and retail marijuana product manufacturers.

Only two (2) conditional use permits for retail marijuana testing facilities shall be allowed at any given time. Dual uses for (i) medical marijuana centers and retail marijuana stores, and (ii) medical marijuana-infused product manufacturers and retail marijuana product manufacturers shall be allowed under one (1) conditional use permit.

(7)

Section 6-5-210 of this Code shall have been complied with prior to the issuance of the conditional use permit for a marijuana establishment.

(8)

It is contemplated that the applicant for a conditional use permit for a marijuana establishment may apply for such conditional use while the State Licensing Authority is processing the application for the subject marijuana establishment to the extent permitted under the Colorado Medical Marijuana Code and the Colorado Retail Marijuana Code, and the regulations thereunder.

(9)

The conditional use permit for a marijuana establishment shall at all times be conditioned upon the continued existence of the license for such marijuana establishment as described in Chapter 6, Article 5 of this Code. Where such license expires or is otherwise terminated or revoked, the corresponding conditional use permit shall similarly expire or otherwise be terminated or revoked without further action of the Town. For purposes hereof, the transfer and reissuance of a license for a marijuana establishment pursuant to Section 6-5-220 of this Code shall not be deemed to be a termination of said license and the related conditional use permit. Such condition and the requirements of Chapter 6, Article 5 shall be incorporated into the conditional use permit by reference.

(Ord. 19 §5, 2013)

The granting of a conditional use permit becomes part of the building permit applied for, and said conditional use permit shall lapse when and if the building permit lapses under the terms of this Article. Whenever a nonresidential conditional use has been discontinued or abandoned for a period of one (1) year or more, or there has been an intervening different use, such conditional use shall not thereafter be reestablished without the prior approval of the Board, which approval shall be obtained by repetition of the granting procedures herein provided.

(Prior code 15-2-16; Ord. 11, 1995)

(a)

Any conditional use granted shall run with the land, with the conditions placed upon the use being covenants granted by the owner for the benefit of the Town. Such conditional uses shall be recorded as required in Section 16-9-70 below.

(b)

Notwithstanding Subsection (a) above, a conditional use permit for a marijuana establishment shall automatically terminate upon the expiration, termination or revocation of the license for such business issued pursuant to Chapter 6, Article 5 of this Code. For purposes hereof, the transfer and reissuance of a license for a marijuana establishment pursuant to Section 6-5-220 of this Code shall not be deemed to be a termination of said license and the related conditional use permit. In the case of such a transfer, the license may be reissued in the name of the transferee and the related conditional use permit shall continue to remain in effect under the same conditions and requirements set forth therein, except where changes to the conditional use permit are necessitated under the Code, including, without limitation, on account of any physical change, modification or alteration to the licensed premises as described in Subsection 6-5-100(g) of this Code.

(Prior code 15-2-16; Ord. 15 §6, 2009; Ord. 20 §6, 2011; Ord. 19 §6, 2013)

(a)

The "Notice of Agreement for Land Use Conditions and Restrictive Covenants" described in Section 16-9-70 relative to conditional accessory dwelling units to be used for Rental, long-term uses shall include such additional terms relative to, without limitation, reporting, investigation and enforcement as shall be approved by the Town Attorney.

(b)

Penalties for non-compliance with the Agreement relative to conditional accessory dwelling units to be used for Rental, long-term uses shall be adopted annually by the Town Council pursuant to its fee schedule adoption process.

(c)

All amounts due and owing the Town in connection with any violation of the Agreement or this Chapter shall constitute a first priority lien on the subject property and may be collected by any means including by way of those matters addressed in Section 4-8-10 of the Code.

(Ord. 9, § 1, 2015)

(a)

Intent. The purpose of these formula business requirements is to maintain and protect Crested Butte's authentic historic character and small town ambience; ensure the vitality and diversity of the Town's commercial districts; and enhance the quality of life of residents and visitors.

(b)

Applicability. These regulations shall apply to formula businesses.

(c)

Related definitions. For purposes of this section, the following definitions apply:

(1)

Color scheme means the selection of colors used throughout the business, such as on the walls, furnishings, permanent fixtures or on the building façade.

(2)

Décor means the interior design and furnishings that may include style of furnishings, shelving, display shelving/racks, wall coverings or other permanent fixtures.

(3)

Façade means the principal exterior face or front of a building including awnings, overhangs, porte-cocheres that is oriented towards a street, alley or open space.

(4)

Servicemark means a word, phrase, symbol or design or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of a service from one party from those of others.

(5)

Signage means a sign as defined under Section 16-1-20.

(6)

Standardized array of merchandize means fifty percent (50%) or more of the in-stock merchandise is from a single manufacturer or distributor bearing uniform markings.

(7)

Standardized array of services means a substantially similar set of services or food and beverage menus that are priced, prepared and performed in a consistent manner.

(8)

Trademark means a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs legally registered or established by use that distinguishes the source of the product from one party from those of others.

(9)

Uniform apparel means standardized items of clothing including but not limited to standardized aprons, pants, shirts, vests, smocks or dresses, hat and pins (other than name tags) with standardized colors and fabrics.

(d)

Exemptions. The following formula businesses are exempt from these formula business requirements:

(1)

Lumberyards, hardware, automotive, gas stations, grocers, banks/ATMs, financial services, health care, insurance, real estate, medical marijuana centers and retail marijuana stores.

(2)

Formula businesses for which a business license was issued prior to the effective date of these regulations.

(3)

Construction work on a pre-existing, approved or exempt formula business that is required to comply with fire and/or life safety standards.

(4)

Disability access improvements to a pre-existing, approved or exempt formula business.

(e)

Formula business location requirements.

(1)

Formula motels and hotels, and formula restaurants may be permitted as conditional uses in the T-Tourist District.

(2)

Formula retail businesses may be permitted as conditional uses in the C-Commercial District.

(3)

Formula businesses that are legally in existence as of February 6, 2019 [the effective date of these Regulations] may remain in their current location as a non-conforming use. The same or substantially similar type of use may be transferrable upon sale or transfer of the commercial space or ownership of the business and/or building.

(4)

Formula businesses that are legally in existence as of February 6, 2019 [the effective date of these Regulations] may be renovated and/or expanded up to fifteen percent (15%) of the existing gross floor area or a maximum of one thousand five hundred (1,500) square feet, whichever is less.

(5)

Formula business shall comply with all applicable standards of the underlying zone district and the applicable regulations of the Municipal Code including but not limited to Section 16-8-30 Criteria for decision and the Crested Butte Town Design Guidelines.

(f)

Formula business additional criteria. No conditional use permit for a formula business shall be approved unless the following criteria are met:

(1)

The formula business complements existing businesses and promotes quality, diversity and variety to assure a balanced mix of commercial uses and range of local, regional and national goods and services for residents and visitors.

(2)

The formula business has submitted plans, drawings, renderings, visual simulations or other examples that illustrate how it will be consistent with the historic and authentic character of Crested Butte including but not limited to exterior design treatments to appropriately minimize the appearance of "formula" architecture, signage and other treatments to enhance Crested Butte's authentic historic visual appearance and unique, small town shopping, dining and lodging experiences.

(3)

The location and amenities of the formula business are compatible with the Town's pedestrian, bicycle and transit-oriented environment.

(4)

The formula business does not include any drive-through facilities.

(Ord. No. 30, § 3, 1-7-2019)