Granby City Zoning Code
CHAPTER 16
105 CONDITIONAL USE AND TEMPORARY USE PERMITS
§ 16.105.010 Conditional use permit – Review process.
(a)
All conditional uses as specified in each district will be subject to a two-step review process. Step 1: Commission review and recommendation; Step 2: Board review and decision.
(b)
Applicants for a conditional use permit (CUP) shall complete a written application for such use which shall be obtained from the Director of Community Development or their designee.
(c)
Submittal Documents.
(1)
Application cover sheet and description of the conditional use;
(2)
The applicant shall execute a reimbursement agreement with the Town (Section 16.15.060.030);
(3)
Site plan drawing at appropriate and legible scale showing legal parcel dimensions and structure and use locations;
(4)
Landscape and impact buffering plans;
(5)
Descriptions of the plan to mitigate any negative impacts created by the CUP (such as noise, smell, light, etc.);
(6)
The applicant shall provide to the town clerk or their designee proof of posting mailing by the applicant of the notice regarding the CUP application and the date and time of the hearing with the Board of Trustees to the appropriate surface owners, mineral owners and lessees of mineral rights, and owners of land within 300 feet of the parcel property line as their names appear upon the plats and records in the Grand County clerk and recorder's office, within two business days of the date of mailing of the notice;
(7)
Development schedules;
(8)
Any other information required by the town to review the application;
(9)
Specified filing fee payment;
(10)
Proof of ownership by applicant;
(11)
Filing Fees. The board will set a filing fee for conditional use permits to cover general administrative costs and recording fees. In addition, the Town clerk shall complete the notice of publication for the application with the official newspaper of record, and the applicant shall pay for the costs of the notice of publication. These fees and bills must be paid before the permit is signed.
(d)
Approval Process.
(1)
Pre-Application Meeting: The applicant shall attend a Pre-Application Meeting with the Director of Community Development or their designee to review the requirements for the submittal of a request for a conditional use permit and discuss issues relevant to the CUP request. Please consult Section 16.15.060 for additional details concerning Pre-Application Meetings.
(2)
Fees and Reimbursement Agreement: Any applicant to the Town for a CUP request shall pay a base fee (established by the Town) for the review and processing of an application. The applicant shall execute a reimbursement agreement with the Town (Section 16.15.060.030). The payment of the application fee and the signing of a reimbursement agreement are required before the Town begins the process of reviewing a completed application.
(3)
Completeness Review: The Director of Community Development or their designee shall determine whether the application is complete based on compliance with the submittal requirements herein. The review of completeness shall take place within seven (7) calendar days at which time the Town or its authorized agent or designee will make one of the following determinations:
(i)
Application Is Not Complete. If the application is not complete, the Director of Community Development or their designee shall inform the applicant of the deficiencies in writing and the timeline for approval resets. No additional action shall be taken on the application until the deficiencies are remedied. If the applicant does not provide a complete set of application documents within sixty (60) calendar days, the application shall be deemed void, all fees paid to the Town shall be surrendered, and all reimbursement expenses due to the Town shall be paid.
(ii)
Application Is Complete. If the application is complete, the Director of Community Development or their designee shall certify it as complete and provide written notice to the applicant including the date of determination of completeness.
(4)
The submittal of a revised CUP request (in response to the determination that the original application was not complete) shall initiate a re-starting of the calendar of deadlines (for the applicant and for the Town) for the approval process for the CUP in accordance with this section of the code.
(5)
The Town Clerk shall establish the date of advisory review with the Planning Commission for the application to occur no less than 30 calendar days after the date the Town issues a completeness review memorandum to the applicant.
(6)
No later than seven (7) calendar days before the scheduled date of the Planning Commission Advisory Review, the Town Clerk shall publish an official notice of the upcoming Planning Commission advisory review meeting in the official newspaper.
(e)
The Planning Commission shall review all the submitted documents and make a recommendation for approval, approval with conditions, or denial to the Board of Trustees. The Planning Commission review shall concern itself with the completeness of the application submittal documents, the relative compatibility of the proposed use in relation to surrounding uses, the degree of conformance to the intent of the Granby Comprehensive Plan for the area, the proposed on- and off-site mitigation measures used to temper the impacts of the use on surrounding properties and other factors deemed appropriate by the commission.
(f)
Review by the Board of Trustees shall be conducted in a public hearing format within 30 calendar days of the completion of the commission's review. The town clerk shall have caused a public hearing notice to be published in the official newspaper of the town at least 15 calendar days in advance of the hearing. The applicant shall obtain from the Town Clerk the notice to be mailed to nearby or adjacent property owners. The applicant shall provide to the town clerk or their designee proof of mailing by the applicant of the notice to the appropriate surface owners, mineral owners and lessees of mineral rights, and owners of land within 300 feet of the parcel property line as their names appear upon the plats and records in the Grand County clerk and recorder's office, within two business days of the date of mailing of the notice. The applicant shall provide proof of mailing to the Town within a minimum of seven (7) calendar days prior to the scheduled Board of Trustees public hearing.
(g)
The Board of Trustees shall conduct the hearing and make findings in regards to the application. Upon weighing all the evidence presented, a decision for approval, approval with conditions or denial must be made on the application. Decisions of the board are final. Findings are to be made utilizing the following criteria:
(1)
Preservation of the interests of the health, safety and welfare of the community as a whole;
(2)
Compatibility with and effect on the neighborhood in which the use is to be located;
(3)
Mitigation measures used to alleviate on- and off-site impacts due to the development and operations of the use;
(4)
Preservation of property values;
(5)
Public reaction to the proposal;
(6)
Likelihood of a nuisance being created;
(7)
Any other criteria deemed appropriate by the board.
Conditions imposed on any approved application may include time limits, future review and renewal of the permit, limits to quantities of material allowed on the site, pollution control measures, additions to screening plans, etc. The Board of Trustees may continue any conditional use review hearing for as long as necessary before rendering a decision. In addition, the Board of Trustees may require the applicant to enter into a written contract or other assurance which the Board of Trustees may, in its discretion, deem advisable as a condition for the granting of such CUP pursuant to the application.
(h)
Upon approval and settling of accounts, the CUP application with attached conditions and plans shall be signed by the mayor, attested by the town clerk, and filed with the Grand County clerk and recorder.
(Code 1999 § 16-5-1; Ord. 719 § 1, 2008; Amended during 2011 recodification; Ord. 1033, 1/13/2026)
§ 16.105.015 Conditional use permit – Renewal or extension.
In those instances where the Board of Trustees has previously approved a CUP for a definite term, and the permittee desires to renew or extend that term, the following abbreviated submittal requirements and review process shall apply:
(a)
Submittal Documents. The applicant shall submit the following documents to the Town Clerk:
(1)
Application cover sheet and description of the conditional use;
(2)
Certification by the applicant that neither the nature nor extent of the use, site plan, landscape and impact buffering plan, impact mitigation methods, development schedules or other significant aspects of the previously approved conditional use have changed since the Board of Trustees' original approval of the CUP;
(3)
List of property owners' physical and mailing addresses within 300 feet of the application parcel boundary;
(4)
Proof of ownership of the property by the applicant;
(5)
Specified filing fee payment;
(6)
Signed reimbursement agreement;
(7)
Any other information requested by the town to review the application.
(b)
Review and Approval Process. The renewal application will be reviewed only by the Board of Trustees, unless the Director of Community Development or their designee determines that the matter should first be referred to the Planning Commission.
(1)
Fees and Reimbursement Agreement: Any applicant to the Town for a CUP renewal request shall pay a base fee (established by the Town) for the review and processing of an application. The applicant shall execute a reimbursement agreement with the Town (Section 16.15.060.030). The payment of the application fee and signing of a reimbursement agreement is required before the Town begins the process of reviewing a completed application.
(2)
Completeness Review: The Director of Community Development or their designee shall determine whether the application is complete based on compliance with the submittal requirements herein. Completeness shall take place within seven (7) calendar days at which time the Director of Community Development or their designee will make one of the following determinations:
(i)
Application Is Not Complete. If the application is not complete, the Director of Community Development or their designee shall inform the applicant of the deficiencies in writing and the timeline for approval resets. No additional action shall be taken on the application until the deficiencies are remedied. If the applicant does not provide a complete set of application documents within sixty (60) calendar days, the application shall be deemed void, all fees paid to the Town shall be surrendered, and all reimbursement expenses due to the Town shall be paid.
(ii)
Application Is Complete. If the application is complete, the Director of Community Development or their designee shall certify it as complete and provide written notice to the applicant including the date of determination of completeness.
(3)
The submittal of a revised CUP request (in response to the determination that the original application was not complete) shall initiate a re-starting of the calendar of deadlines (for the applicant and for the Town) for the approval process for the CUP in accordance with this section of the code.
(4)
The Town Clerk shall establish the date of the hearing with the Board of Trustees for the application to occur no less than 30 calendar days after the date the Town issues a completeness review memorandum to the applicant.
(5)
No later than twenty (20) calendar days before the scheduled date of the Board of Trustees public hearing, the applicant shall obtain from the Town Clerk the notice to be mailed to nearby or adjacent property owners. The applicant shall provide to the town clerk or their designee proof of mailing by the applicant of the notice to the appropriate surface owners, mineral owners and lessees of mineral rights, and owners of land within 300 feet of the parcel property line as their names appear upon the plats and records in the Grand County clerk and recorder's office, within two business days of the date of mailing of the notice. The applicant shall provide proof of mailing to the Town within a minimum of seven (7) calendar days prior to the scheduled Board of Trustees public hearing.
(6)
No later than seven (7) calendar days before the scheduled date of the Board of Trustees hearing, the Town Clerk shall publish an official notice of the upcoming Board of Trustees public hearing.
(7)
The Board of Trustees shall hold a public hearing to review the request for the CUP renewal and shall either approve or deny the request. All decisions made by the Board of Trustees shall be final.
(c)
Exceptions. The abbreviated renewal process described above shall not be used if any one or more of the following circumstances exist:
(1)
The Town has received any written complaints about the operations or uses authorized by the conditional use permit during the previous term of the permit.
(2)
The operations or uses sought by the applicant have changed from those approved by the previous permit.
(3)
The Director of Community Development or their designee determines that the renewal application should be subject to the normal review process as set forth in GMC § 16.105.010.
(4)
Any violation has been issued to the applicant during the previous term of the Conditional Use Permit.
(5)
Any outstanding fees are owed to the Town.
(Ord. 779 § 1, 2012; Ord. 1033, 1/13/2026)
§ 16.105.020 Temporary uses.
(a)
Temporary Uses. Upon application to the town clerk, a temporary use permit may be issued for the uses specified below. Such permits shall be valid only for the period of time specified below, and only two renewals of the permit may be granted. Failure to terminate such temporary use by the specified time shall be considered a violation of this code. Uses may be added to this list from time to time by the Board of Trustees. All temporary uses involved in the sale of goods require a sales tax license. Other licenses may also apply.
Permits are subject to reasonable stipulations established at the time of application and review including but not limited to: safe and adequate access; sufficient parking without interfering with public rights-of-way, streets and sidewalks; adequate sanitation facilities; provision for collection, recycling and disposal of all waste; and compliance with all building, construction and fire codes.
Nothing in this section shall be construed so as to prohibit persons from conducting garage or yard sales, children's beverage and snack stands in the residential zone districts of the town, subject to all applicable rules and regulations.
Temporary Use | Time Period Permitted |
|---|---|
Construction and sales office which also can be used as security quarters incidental to construction on the premises | Two years |
Parking for another temporary use | Same as temporary use for which it is permitted |
Christmas tree sales | 60 consecutive days |
Temporary offices, classrooms, and bank facilities in module units designed for that occupancy classification | Not to exceed two years after a site development plan as required is approved |
Real estate offices and model homes incidental to a new housing development | Not to exceed two years after the first certificate of occupancy |
Temporary residential or commercial storage containers | 40 consecutive days |
Natural disaster and emergency offices | 12 months |
* | Stationary food stands including vending machines. |
** | Mobile food service — Permit required. |
(b)
Notwithstanding any provisions of this title to the contrary, food stands shall be permitted in all zone districts of the town so long as the location of the food stands is not within 300 feet of an occupied dwelling or of property upon which a public or private school is located.
(c)
No food stands shall be located so as to obstruct a public sidewalk or the traveled portion of the public right-of-way.
(d)
No person shall conduct a mobile food stand business within the town unless said person has first obtained a peddler's and solicitor's license from the town for each location within the town at which the food stand's business is to be conducted. Every applicant for a food stand permit shall submit a completed application to the town clerk. Said application shall be accompanied by the permit fee and shall contain the following information:
(1)
Name and address of the applicant;
(2)
A written description of the nature of the food stand service to be conducted by the applicant, including the type of food or beverages to be served;
(3)
A valid copy of the sales tax license issued by the town;
(4)
A description of the cart or other vending device from which food or beverages are to be served;
(5)
A plot plan showing the proposed location of the food stand in relation to the town rights-of-way and the traveled portion in any town street or sidewalk;
(6)
A statement indicating the distance of the proposed mobile food stand location from the nearest occupied dwelling and public or private school property;
(7)
Evidence of compliance with any regulations of the Department of Health; and
(8)
In the event the food stand is to be conducted on private property, the application shall be accompanied by a written statement signed by the owner of said property granting the operator of the proposed food stand the right to conduct business on said property.
(e)
Before issuing a food stand permit, the town clerk or the town clerk's designee shall first determine whether the vending device to be used complies with the design standards established by the town and whether the proposed location of the food stand is compatible with the public interest in the use of the public right-of-way. In making the determination as to the compatibility with the use of the public right-of-way, the town clerk or the town clerk's designee shall consider the width of the sidewalk or right-of-way at or adjacent to the proposed food stand location, the location of adjacent buildings, the availability of adequate parking areas, the proximity of loading zones, or the presence of other characteristics which may result in obstruction of the sidewalk or right-of-way or in pedestrian or street congestion.
(f)
The food stand permit shall be valid for a period of 12 months from the date of issuance. In the event a food stand operator wishes to renew the permit, he or she shall first submit to the town an application updating all information contained in the initial application, along with the annual permit fee.
(g)
Each permit shall be valid for not more than one location.
(h)
A person to whom a food stand permit has been issued shall pick up and remove any paper, cardboard, wood, or plastic containers, wrappers, or any similar litter which is deposited by any person within 25 feet of the approved location designated on the permit; and the permittee shall carry a suitable container for placement of such litter by customers or other persons.
(i)
The Town shall enforce the rules and stipulations established as part of permits for temporary uses and report violations to the Town Clerk. The Town may enact fines up to and equal to the full amount paid to the Town for the permit for violations of the terms of a permit. In addition, the Town reserves the right to pursue permit holders for civil and criminal damages for any damages resulting from the temporary use during the term of the approved permit.
(Code 1999 § 16-5-2; Ord. 719 § 1, 2008; Ord. 1033, 1/13/2026)
