Special uses are those which are appropriate for an applicable zone district only upon site specific review according to the standards and procedures established by this chapter, and formal approval by the city. The planning commission shall be vested with the power to hear and determine special use permit application as provided for herein.

(Ord. 1107, 1991)

Special use permits before the planning commission shall conform to the following specific procedure:

(1)

See sections 18.10.030 and 18.10.040 for application procedures.

(2)

Application for a special use permit may be filed by the owner of the property or the owner's designee of the property for which the special use permit is requested, on an application form provided by the city. The application shall be filed no later than 90 days following the neighborhood meeting required by section 18.30.010 above, and must include:

(a)

A site or sketch plan of sufficient detail to reasonably describe the existing conditions of the property and any changes proposed in conjunction with the requested special use permit.

(b)

A written description of the proposed special use including any conditions or restrictions to be imposed by the planning commission.

(c)

Application filing fee as set by city council resolution.

(d)

Certification of notice to mineral estate owners of record pursuant to C.R.S. 24-65.5-103. Such notice shall include all information required by such statute, as well as the time and place of the initial public hearing, the nature of the hearing, the location of the property that is the subject of the hearing, and the name of the applicant.

(3)

Reserved.

(4)

Reserved.

(5)

See section 18.10.040 for notice procedures.

(6)

See section 18.10.040 for public hearing procedures.

(7)

Notwithstanding the above provisions, the process for issuance of special use permits for urban agriculture pursuant to sections 18.26.010, 18.26.015, 18.26.030 shall be as follows:

(a)

Applicants shall submit a site plan with sufficient dimensions and measurements to depict the proposed location of the farmers' market, neighborhood farmers' market, or urban farm; operational information, including hours and days of operation; a parking plan; trash and recycling plan; and written approval from the owner of the property where the farmer's market, neighborhood farmers market, or urban farm will occur.

(b)

Such city staff member(s) as designated by the director of community and economic development will review the application, and approve, conditionally approve, or deny the application, based upon the criteria set out in chapter 18.26. Such decision shall be in writing and shall include reasons for denial.

(c)

The applicant may appeal any adverse decision to planning commission by requesting a hearing pursuant to chapter 2.35 of the Golden Municipal Code. Such a request shall be in writing and shall be filed with the office of the director of community and economic development within 15 days of the adverse decision.

(d)

Special use permits granted under this provision are issued to a specific property only and shall not be personal to the applicant.

(8)

Special use permits shall be granted only if the usage will not authorize or require any construction or alteration in violation of any ordinances of the city including the planning and zoning ordinance and the city building code. The planning commission shall consider the following in making their decision:

(a)

Compatibility with the surrounding area.

(b)

Harmony with the character of the neighborhood.

(c)

Whether there exists a need for the proposed development.

(d)

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

(e)

Whether an exception from the standard code requirements or limitations is warranted by virtue of design and amenities incorporated in the development proposal.

(f)

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

(g)

Whether the proposal is in accordance with the Golden Comprehensive Plan.

(h)

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

(i)

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

(j)

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

(k)

Whether the proposal will be detrimental to the health, safety or welfare of the present or future citizens of the City of Golden.

(9)

Special use permits may be approved for a period not to exceed five years except for the following uses which shall be eligible for a special use permit with no time limit:

(a)

Public transportation structures and facilities, but not including offices, vehicle or equipment maintenance and storage uses, or park and ride facilities.

(b)

Irrigation ditches.

(c)

Public and private schools.

(d)

Water supply wells, water treatment and storage facilities, sewage treatment facilities and water and sewer transmission facilities, other than those owned and operated by the City of Golden.

(e)

Churches and places of religious assembly

(f)

Commercial low power telecommunication sites.

(g)

Vehicular drive-up or drive thru uses.

(h)

College and university buildings with a greater height or smaller front setback than otherwise required by section 18.28.200.

(i)

Residential multifamily use comprising more than 75 percent of a development's floor area.

(j)

Conversions of nonconforming uses pursuant to section 18.44.240, conversion of a nonconforming use to a conforming use.

(10)

Special use permits may be renewed for successive periods of the same duration as the initial term upon application to the director of community development in accordance with the requirement set out in subsection 18.30.020(2) and procedures in chapter 18.10.

(11)

If a use allowed pursuant to a special use permit has been discontinued for more than 180 days, the special use permit shall expire, and any future use must be in conformance with the provisions of this title.

(Ord. No. 2252, § 7(Exh. F), 1-28-2025; Ord. No. 2228, § 7, 2-13-2024; Ord. No. 2100, §§ 11, 12, 3-7-2019; Ord. No. 2064, § 8, 10-12-2017; Ord. No. 2049, § 11, 2-9-2017; Ord. No. 2017, §§ 2, 3, 10-8-2015; Ord. 1941, § 3, 2013; Ord. 1919, § 2, 2012; Ord. 1914, § 8, 2012; Ord. 1787, § 1, 2007; Ord. 1700, § 2, 2005; Ord. 1699, § 2, 2005; Ord. 1331, 1996; Ord. 1179, exh. A, 1993; Ord. 1107, 1991)

(1)

All stipulations submitted as part of the special use permit and all conditions imposed by the planning commission shall be maintained in perpetuity with the special use. If at any time the stipulations are not met or are found to have been altered in scope, application or design, the use shall be in violation of the special use permit. If after review of a complaint filed with the city alleging a violation of the special use permit, the director of community and economic development determines that the special use permit holder is not in violation of the special use permit, the director's decision can be appealed to the planning commission. The procedure for planning commission public hearing will be commenced upon written appeal to the city clerk within 15 days of the director of community and economic development's decision. Notice of the hearing to determine whether a violation exists shall be provided as required by section 18.10.040.

(2)

If and when any special use is determined to be in violation of the special use permit, the director of community and economic development shall notify the permit holder in writing of said violation and shall provide the permit holder with a 30-day period in which to abate the violation.

(3)

Failure of the permit holder to abate cited violations within 30 days shall result in the commencement of a hearing process with the planning commission to determine whether the special use permit should be revoked. Notice of the hearing shall be provided as required by section 18.10.040.

(4)

Following a proper hearing, the planning commission shall issue a decision either revoking or sustaining the special use permit.

(Ord. No. 2252, § 7(Exh. F), 1-28-2025; Ord. 1179, exh. A, 1993; Ord. 1107, 1991)

(1)

See section 18.10.040 for appeal procedures.

(Ord. No. 2252, § 7(Exh. F), 1-28-2025; Ord. 1919, § 3, 2012; Ord. 1107, 1991)

City council's decisions may be appealed to the municipal court in accordance with the judicial appeals procedure.

(Ord. 1686, § 15, 2004; Ord. 1107, 1991)