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Gunnison City Zoning Code

CHAPTER 8

CONDITIONAL USE APPLICATIONS

Section 801 Purpose

This Chapter and the Administrative Manual provides the standards and procedures for the review of all Conditional Use and Conditional Sign Applications and required to determine compliance with this Ordinance.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 802 Council The Land Use Authority For Conditional Use And Conditional Sign Applications

The Council, following the receipt of a Commission recommendation, is authorized as the Land Use Authority responsible to approve, approve with revisions and conditions, or deny all Conditional Use Applications and Conditional Sign Applications.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 803 Procedures And Review Standards For Conditional Use And Conditional Sign Applications

  1. The procedures for the review of a Conditional Use Application are identified by Chapter 5 and Chapter 15, Administrative Manual.
  2. The procedures for the review of a Conditional Sign Application are identified by Chapter 5 and Chapter 15, Administrative Manual.
  3. In considering a Conditional Use Application, or a Conditional Sign Application. the Commission in formulating a recommendation, and the Council in deciding a Conditional Use or Sign Application shall review the Application and shall determine:
    1. The proposed use is a Conditional Use within the Zoning District as identified in Appendix A, Table of Uses.
    2. The proposed sign is a Conditional Use within the Zoning District as identified in Chapter 19.
    3. The proposed use or sign complies with all requirements of the Zoning District, including the minimum area, setbacks, height, and all other requirements as applicable.
    4. The proposed use will be conducted in compliance with the requirements of this Ordinance, all other applicable Land Use Ordinances, and all applicable Federal, State, or Local requirements and regulations.
    5. The property on which the use is proposed is of adequate size to permit the conduct of the use in a manner that will not be detrimental to adjoining and surrounding properties.
    6. The proposed use and site plan or sign complies with all site plan and building requirements, as provided and required by this Ordinance and this Chapter.
    7. The proposed use and site plan complies with all applicable dedication requirements of the City and provides the necessary infrastructure, as required.
    8. The proposed use or sign at the proposed location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the City.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 804 Findings Required For Approval Of Conditional Use And Conditional Sign Applications

The Commission in making a recommendation, and the Council in deciding a Conditional Use or Conditional Application, shall find that the procedural requirements and review standards of Section 803 have been met.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 805 Reasonable Conditions Authorized For Approval For A Conditional Use Or Conditional Sign

The Council may impose, and the Commission may recommend, such reasonable conditions with respect to location, construction, maintenance, operation, site planning, traffic control, hours of operation, and other items for the approval of a Conditional Use Application or Conditional Sign Application deemed necessary by the Council to mitigate possible detrimental effects of the proposed use or sign, to secure the purposes of this Ordinance, and to protect adjacent properties and the public interest. Reasonable conditions may include;

  1. Size, configuration, and site plan design and layout.
  2. Site ingress and egress locations.
  3. The provision of adequate public facilities and amenities, including roads and streets, water, sewer, storm drainage, public safety and fire protection, and other utilities.
  4. The location and amount of off-street parking and loading areas.
  5. Site circulation patterns for vehicular and pedestrian traffic.
  6. Building(s) size and location(s), building design and exterior building features, building materials, and building colors.
  7. The location and design of all site features, including the location of proposed building(s), signage, lighting, and refuse collection.
  8. The provision of open space, public features, and recreational amenities.
  9. Fencing, screening, buffering, and landscape treatments and other features designed to increase the attractiveness of the site and protect adjoining property owners from adverse impacts.
  10. Measures designed to minimize or eliminate potential nuisance factors including, but not limited to noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances, and radiation.
  11. Measures designed to protect the natural features of the site, including, but not limited to, wetlands, drainage ways, ground water protection, and slopes.
  12. The regulation of operating hours.
  13. Identifying a time for regular review and monitoring to ensure the use continues to operate in compliance with all conditions and requirements of approval.
  14. Such other conditions determined reasonable and necessary by the Council to allow the operation of the use or sign, at the proposed location, in compliance with the requirements of this Ordinance, all other Land Use Ordinances, and all Federal, State, or Local regulations, as applicable.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 806 Decision For A Conditional Use Application Or Conditional Sign Application

  1. If the Conditional Use or Conditional Sign Application complies with all the requirements of this Ordinance, the Building Codes, as adopted, and all other applicable Land Use Ordinances, as adopted, the Council shall approve the Application, with or without revisions, requirements, and conditions determined necessary for compliance to the requirements of this Ordinance. The City Recorder shall notify the Applicant of the decision, as required by Section 1207.
  2. If the Conditional Use or Conditional Sign Application does not comply with the requirements of this Ordinance, Building Codes, and all other applicable Land Use Ordinances, as adopted, the Council shall not approve the Conditional Use Application, and no building permit shall be issued. The City Recorder shall notify the Applicant of the decision, as required by Section 1207.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 807 Effect Of Approval

Approval of a Conditional Use or Conditional Sign Application by the Council shall authorize the establishment of the approved use or sign, subject to any revisions, requirements, and conditions determined necessary to comply with all Land Use Ordinances of the City. Only when the Conditional Use or Conditional Sign Application has been approved by the Council, and a Building Permit issued, as required, may any building, activity, construction, or occupancy be commenced. Approval of a Conditional Use or Conditional Sign Application shall not be deemed an approval of any other Land Use Application, permit, or license.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 808 Appeals

Any person aggrieved by a decision of the Council for any Conditional Use or Conditional Sign Application may appeal the decision to the Appeal Authority as identified by Chapter 13.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

2010-2