The purpose of this article is to provide for a review procedure for certain uses permitted in specified zone districts only when approved as conditional uses. Generally, such uses exhibit a unique nature or character with the potential for greater visual, environmental, aesthetic, and/or city service-related impacts than uses allowed by right in a certain zone district.

(Code 1985, § 10-15-1)

(a)

The planning and zoning commission shall conduct a public hearing and review applications for conditional uses and shall forward a recommendation of approval, approval with conditions or denial to the city council.

(b)

Any recommendation of the planning and zoning commission on the conditional use application shall be stated in a resolution that shall include the reasons for such recommendation.

(c)

The city council shall conduct a public hearing, consider the application and the planning and zoning commission's recommendation, and shall make a decision of approval, or approval with conditions or of denial.

(d)

Appeals of the decision of the city council shall be to the county district court pursuant to Colorado Rules of Civil Procedure, Rule 106(a)(4).

(e)

Approval of a conditional use shall not be deemed to constitute an approval or waiver of any other provisions of this Code.

(Code 1985, § 10-15-2; Ord. NO. 11-03, § 1, 5-3-2011)

The following procedure shall apply to applications for approval of a conditional use:

(1)

The applicant shall meet with the city manager or designee at an initial meeting to discuss the general requirements for the conditional use application.

(2)

After this initial meeting, the applicant shall submit to the city manager or designee a submittal for preapplication review to include ten copies of the written and graphic proposal for distribution to affected city departments.

(3)

The city manager or designee will meet with the applicant for a preapplication meeting within 14 calendar days after the preapplication submittal to discuss the specific application submittal requirements and any issues the city may have, based upon the preliminary submittal.

(4)

A complete application, to include:

a.

An application form and fee;

b.

Proof of ownership or owner's authorization;

c.

Legal description of property;

d.

Improvement location certificate or boundary survey;

e.

Written description of request;

f.

Written description of how the proposal is in conformance with all applicable criteria for review;

g.

Ten copies of a site plan in a format sized 18″ by 24″ or other size acceptable to the city showing existing property lines, structures, parking, and uses as well as the location of the proposed conditional use including areas associated with the use such as areas for outdoor storage, parking, or other associated uses outside of buildings. This site plan shall also show all proposed screening, fences, landscaping, or other methods to mitigate the impacts of the proposed use.

Application materials shall be submitted for initial review along with any other submittal requirements as determined by staff during the pre-application review. Staff shall review the application submittal for completeness within seven calendar days. At the end of this time period, the city manager or designee shall notify the applicant whether the application is accepted as complete.

(5)

At the time of application acceptance, the date for the planning and zoning commission consideration shall be scheduled for the next available regularly scheduled meeting, provided that there is sufficient time for staff review.

(6)

Once the application is accepted, all department directors shall review the application and make written comments within 30 calendar days. The city manager or designee shall prepare written comments and meet with the applicant to discuss all comments.

(7)

Prior to making a recommendation to the city council on the application, the planning and zoning commission shall conduct a public hearing. Notice of the public hearing shall be published in a newspaper of general circulation 15 days prior to the date of the hearing, with the cost paid by the applicant. Notice of the hearing shall also be posted on the site where the conditional use is requested, in a conspicuous place visible from the public street abutting the land.

a.

At least seven calendar days prior to the hearing, 22 copies of the site development plan and/or the landscape plan shall be submitted.

b.

At the hearing, the applicant, staff and any interested parties shall present testimony for consideration.

(8)

Within 30 days following the recommendation of the planning and zoning commission, the conditional use application shall be acted upon by the city council by resolution. Prior to acting on the conditional use application, the city council shall conduct a public hearing. Notice of the public hearing shall be published in a newspaper of general circulation 15 days prior to the date of the hearing, with the cost paid by the applicant. Notice of the hearing shall also be posted on the site where the conditional use is requested, in a conspicuous place visible from the public street abutting the land.

(9)

If approved, the applicant shall record the city council resolution at the county clerk and recorder's office within 30 days of approval by the city council.

(Code 1985, § 10-15-3; Ord. No. 10-06, § 11, 4-20-2010; Ord. No. 10-14, § 4, 9-21-2010; Ord. NO. 11-03, § 2, 5-3-2011)

The planning and zoning commission and city council shall consider the following criteria when considering an application for a conditional use:

(1)

Compatibility with the surrounding area.

(2)

Harmony with the character of the neighborhood.

(3)

Whether there exists a need for the proposed development.

(4)

The effect of the proposal upon future land uses or the development of the immediate area.

(5)

Whether the exception from the standard requirements or limitations of this Code are warranted by virtue of design and amenities incorporated into the development proposal.

(6)

Whether the existing and proposed streets are suitable and adequate to carry the anticipated traffic within the development proposal and its surrounding vicinity.

(7)

Whether the proposal is in accordance with the city comprehensive plan.

(8)

Whether the proposal will result in an over-intensive use of land or depletion of natural resources.

(9)

Whether the proposal will require a level of community resources greater than that available.

(10)

Whether the proposal will cause significant air, odor, water or noise pollution.

(Code 1985, § 10-15-4)

(a)

The city council may require special conditions to minimize any anticipated adverse impacts on adjacent properties. Such conditions may require higher standards of site development than may otherwise be required in this Code; however, in no case, shall such conditions violate other chapters of this Code or other applicable municipal or state requirements.

(b)

Unless provided otherwise, a condition of approval shall always include maintaining the property in a manner consistent with the site plan and conditions approved the city council with the application.

(c)

Conditions may include, but are not limited to: special landscaping, screening, fencing, parking, access, building color and/or material; design considerations; site layout; limitations on the hours of operations; and performance characteristics related to the emission of noise, vibration and other potentially dangerous or objectionable elements.

(d)

Conditions required by the city council shall be maintained in perpetuity with the conditional use. If at any time the conditions are not complied with, the continued use shall be in violation of this chapter.

(Code 1985, § 10-15-5; Ord. No. 10-14, § 5, 9-21-2010)

(a)

Approval of a conditional use by the city council shall lapse and be considered null and void if the use itself, or if permanent construction in conjunction with such use has not commenced within one year of the approving action.

(b)

Failure to use property for the uses authorized by such conditional use approval for a period of 12 consecutive months shall terminate the right to use the property for the specified conditional use.

(Code 1985, § 10-15-6)