In the tables of uses for zone districts, uses designated "C" are permitted in the zone district indicated, subject to any conditions contained in a conditional use permit to be issued administratively by the town manager or the town manager's designee, section 18.03.070(b). Uses designated "S" may be allowed in the zone district indicated, only upon issuance of a special use permit by the planning and zoning commission following notice and hearing, section 18.03.070(3). The issuance of a conditional use permit or a special use permit may, in some manner, contradict the purpose and intent of this zoning code as set forth in section 18.01.010. The following criteria shall be used to guide the town manager or the town manager's designee or the planning and zoning commission in determining that the proposed use is appropriate:

(1)

Relation to and effect upon the master plan generally;

(2)

Effect upon light and air, distribution of population, transportation, water, sewage, schools, parks and other public improvements and requirements;

(3)

Effect upon traffic in the streets, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, including control and flow of traffic entering public streets from private property, access and maneuverability and removal of snow from the streets under circumstances of heavy accumulation;

(4)

Effect upon the character of a particular zoning district, including the effect upon characteristic use within such district, and the characteristic physical attractiveness of such district, its architecture and landscaping;

(5)

Effect upon the value of existing buildings and improvements;

(6)

The appropriateness of the proposed use in relation to the land uses generally throughout the town;

(7)

Complete list of the names and mailing addresses of adjacent property owners within 300 feet of subject property required to be notified of the hearing on the application for special use permit;

(8)

Whether the granting of the application would amount to granting to the applicant a special favor not available to other persons;

(9)

The possible adverse affect of approval or denial as a precedent in future cases.

(Ord. No. 2015-16, § 4, 1-12-16)

The form of application, submittal requirements and procedures for application for a conditional use permit or an application for a special use permit are available from the planning department for the Town of Gypsum.

A person proposing a use which requires either a conditional use permit or a special use permit shall submit a written application to the planning department specifying or including:

(1)

The name and address of the applicant;

(2)

The legal description and street address of the subject property.

(3)

That the applicant is the owner of the subject property or has the written permission of the owner (copy to be enclosed), to make the application.

(4)

The nature of the proposed use for which a conditional use permit or special use permit is required by this zoning code, fully describing the intended use of the property;

(5)

An appropriate number of 11-inch by 17-inch reductions of the site plan as determined by the planning department;

(6)

Unless services are already being provided to the property, letter(s) from the appropriate utility service providers and fire district stating the availability to serve the proposed use;

(7)

Complete list of the names and mailing addresses of adjacent property owners within 300 feet of subject property required to be notified of the hearing on the application for special use permit;

(8)

A fee of $150.00 for a conditional use permit or $250.00 for a special use permit shall be tendered by check with the application submitted to the planning department (check made payable to the Town of Gypsum);

(9)

Additional information may be requested by the planning department as appropriate to the particular application, or portions of the information required above may be waived by the planning director if it is deemed to be inappropriate to the particular application.

Outside storage is prohibited, except in the LI, HI, and ID zone districts, when approved by conditional use permit and when the following conditions are met:

(1)

Screening means the physical obstruction or impedance of view from outside the property through the methods specified in section 18.12.025(4).

(2)

Screening of outside storage is required along all street frontage sides, bike paths, or pedestrian trails, and along property lines with adjacent properties that are not within the same zone district. Property lines adjacent to Bureau of Land Management property are exempt from screening.

(3)

If the entire property is not used for outside storage, only those areas used for outside storage must be screened.

(4)

Screening must be achieved either with fencing, landscaping, wall materials, or a combination that reaches a minimum height of six feet;

(a)

Fence material must be chain link fence with privacy slats comprised of metal, plastic, PVC, or other rigid synthetic material in earth tones of beige, brown, green, or black color;

(b)

Wood and decorative concrete fences are permitted in earth tones of beige, brown, green, or black color;

(c)

Fencing or wall materials shall be repaired and maintained as needed to maintain the screening as to not provide gaps, sections which hang off the fence, or conditions in which the screening method is not reasonably functioning as intended;

(d)

Privacy/windscreen mesh material may not be used;

(e)

Any properties using privacy/windscreen mesh material prior to January 30, 2022, may retain it until the screening does not achieve the physical obstruction or impedance intended by section 18.12.025(1). Once screening no longer functions as intended the requirements of section 18.12.025(4) shall be in effect;

(f)

Screening by landscaping may accomplish the height requirement of section 18.12.025(4), with or without a berm, but must include trees and, or shrubs planted in a linear or a staggered (zipper) planting arrangement. Boulders may also be incorporated as a screening element. Landscaping shall be maintained by irrigation and must be replaced if it becomes damaged, diseased, or infested and cannot be treated, or if a tree or shrub dies. Only tree and shrub species that are native to the area are permitted; other species providing similar year-round screening may be considered if the applicant provides thorough information on the species of interest, planting locations, and maintenance plan and are approved through the conditional use permit. The conditional use permit shall include a detailed landscaping plan showing location, species type, species height, number of trees and shrubs, berm dimensions, and other relevant information about the site. Approved native tree and shrub species are listed below:

(i)

Rocky Mountain Juniper/Red Cedar with trunks a maximum often feet apart; or

(ii)

Green Giant or Emerald Green Arborvitae with trunks a maximum of ten feet apart.

(iii)

Other native examples include the Colorado Spruce, Pinon Pine, Ponderosa Pine, Sage Brush, or other similar native tree or shrub species

(iv)

Distances between alternatively suggested vegetation must be within reason and meet the intent of section 18.12.015(1) in providing screening;

(g)

Combinations of fencing materials and landscaping may be used,

(h)

If an applicant would like to propose alternative screening options not specifically permitted by this section, such as fence materials, fence designs, other landscaping species, or more creative options to achieve the purposes of screening, the applicant may submit design plans to be considered by the planning commission at no additional cost to the applicant.

(i)

Any alternate species proposed must be native to the area. It must be demonstrated that the species will grow at a rate similar to that of the approved species and never demand more water than the property has the right to use for landscaping;

(ii)

Any screening method proposed must, within reason, accomplish the intent set out by section 18.12.025(1).

(Ord. No. 2021-04, § 2(Exh. A), 6-8-21; Ord. No. 2022-01, § 1(Exh. A), 1-25-22)

Long-term lodging establishments are prohibited within the town, except by a special use permit in the following zone districts: Interstate commercial, commercial historic, market district, commercial professional, and light industrial. Long-term lodging establishments are not intended to provide permanent housing. To prevent the use of long-term lodging establishments as more permanent housing, no more than 50 percent of rooms may be used for stays of 30 days or more, with the maximum length of stay of 360 consecutive days, unless shortened pursuant to the special use permit. Long-term lodging establishments may be subject to other conditions necessary to ensure stays are temporary, as may be set forth in the special use permit. A special use permit issued for a long-term lodging establishment shall include the following specific conditions, terms and limitations: maximum length of stay; audit processes; ratio of long- to short-term stays (with a maximum of 50 percent of rooms used for long-term stays at any time); and any other conditions of approval as deemed appropriate by the planning and zoning commission. The town may reject an application based on, but not limited, to the following criteria: location, number of long-term properties within the town, ability to provide town services, and ratio of short- and long-term stays.

(Ord. No. 2023-06, § 5, 6-27-23)

A conditional use permit must be obtained prior to initiating certain uses as noted in the table of uses for various zone districts contained herein, or before initiating a use which imposes no greater impacts on the need for services and adjacent properties and is consistent with a permitted use, but which is not listed as a permitted use in the tables of uses. Conditional use permits shall be issued administratively by the town manager or the town manager's designee and may contain conditions designed to minimize the adverse impacts of the proposed use on neighboring properties as determined by the town manager or the town manager's designee. No notice or public hearing is required prior to issuance of a conditional use permit.

The town manager or the town manager's designee shall act to grant or deny an application for a conditional use permit within 30 days of the receipt of the application by the planning department. The applicant shall be notified in writing of approval or denial of the application. If the application is denied, the reasons for denial shall be set forth in the notice. Upon approval, a conditional use permit will be issued with any conditions as determined by the town manager or the town manager's designee and will become effective upon the signature of the permittee and the town manager or the town manager's designee.

Conditional use permits shall be permanent upon completion of the proposed use. However, if the proposed use is not completed within one year from the date of issuance of the conditional use permit, the conditional use permit shall become null and void and of no effect, except the town manager or the town manager's designee may extend the expiration date for a period of no more than one year upon good cause being shown in writing for failure to complete the use as proposed. Any such extension so granted shall be in writing. Any fees paid to the town, other than the application fee, in conjunction with the issuance of the conditional use permit which is null and void may be returned or refunded as determined by the town manager. Any conditional use permit issued under the terms of this chapter shall become null and void at the expiration of one year after the use for which it is issued shall have been discontinued.

Approval, approval with conditions or denial of a conditional use permit are actions that may be appealed to the planning and zoning commission which shall follow the same process set forth in section 18.16.060 for an appeal.

A special use permit must be obtained from the planning and zoning commission, following notice and a public hearing, to undertake a use so enumerated in the zone district table of uses. A special use permit may only be granted upon a showing that the proposed use will not adversely affect neighboring parcels in a manner the commission finds to be unreasonable. Special use permits may be issued by the planning and zoning commission, following notice and a public hearing, recommendations, if any, of the planning department to grant or deny the application, and may contain conditions necessary or appropriate to prevent adverse effects on neighboring properties.

At the staff's discretion, a special use permit may also be required prior to initiating a use which is not listed as a permitted use in the table of uses. When a special use permit is so required, final approval and the grant of such special use permit shall require approval of the town council upon the recommendation of the planning and zoning commission after a public hearing before the planning and zoning commission, or the town council may deny the special use permit or approve it with conditions, all after consideration of the criteria set forth in section 18.12.010.

The public hearing before the planning and zoning commission shall be scheduled not less than 30 and not more than 60 days after receipt of the application for special use permit by the planning department. Notice of the public hearing shall be published once at least ten days prior to the date of the hearing in a newspaper of general circulation within the town. The parcel for which such special use permit is sought shall be posted by sign at least ten days prior to the date of the public hearing and continuously through the date of the public hearing. Such notice shall also be mailed by first class United States mail, postage prepaid to the applicant and to adjacent property owners as such owners' names and addresses may appear in the tax records of the town or Eagle County at least ten days prior to the date of the public hearing. Notice shall be given by inclusion in the agenda of the planning and zoning commission at which the application shall be heard. The names and addresses of the adjacent property owners required to be notified shall be determined by the applicant and such information shall be submitted to the planning department with the application.

The planning and zoning commission may table an application for 30 days after the hearing for further information or consideration or the commission may continue the hearing to a specific date and time for receipt of additional information and for consideration of that information by the commission. The planning and zoning commission shall grant or deny the application for special use permit by resolution after consideration of the criteria set forth in section 18.12.010 and only after finding that granting the application will not cause a material adverse effect on the neighborhood involved or on the town; does not frustrate the general goals of the master plan and the zoning code; and does not give the applicant a special favor not available to others in the community. In granting any special use permit, the commission may impose conditions necessary or appropriate to prevent or mitigate adverse effects on neighboring properties. The determination of the planning and zoning commission to grant or deny the application for special use permit shall be final, and any appeal of the decision shall be to the town council; see section 18.16.050(f).

Special use permits may be temporary or permanent. The applicant shall be notified in writing of approval or denial of the application. If the application is denied, the reasons for denial shall be set forth in the resolution. Upon approval, a special use permit will be issued with any conditions as determined by the commission and will become effective upon the signature of the permittee and the chair of the planning and zoning commission.

Special use permits shall be permanent upon completion of the proposed use. However, if the proposed use is not completed within one year from the date of issuance of the special use permit, the special use permit shall become null and void and of no effect, except the planning and zoning commission may extend the expiration date of the permit upon good cause being shown for failure to complete the use as proposed. Any fees paid to the town, other than the application fee, in conjunction with the issuance of the special use permit which is null and void may be retained or refunded as determined by the planning and zoning commission. Any special use permit issued under the terms of this chapter shall become null and void at the expiration of one year after the use for which it is issued shall have been discontinued.

Temporary special use permits shall not be granted for a term of more than one year and an expiration date shall be specified when the permit is issued. A temporary special use permit shall not be renewed or extended beyond its expiration date. A new temporary use permit may be issued upon a new application after notice and a public hearing as provided herein.

The planning and zoning commission is hereby granted concurrent (see section 18.16.040(c)(3)c.) power and authority to suspend or revoke any conditional use permit or special use permit for violation of any regulations of the Town of Gypsum or for violation of any of the conditions imposed upon the conditional use permit or the special use permit. Upon receipt of notice of a violation, the planning and zoning commission shall cause written notice to be served on the permittee, or that person's successors or assigns, at the address contained in the permit, setting forth a clear and concise allegation of the violation and directing the permittee, or that person's successors or assigns, to appear at a date and time certain before the commission not less than ten days nor more than 30 days after the date of service of the notice of violation. If such person does not reside within the town, service may be made by certified mail, return receipt requested.

The planning and zoning commission shall hold a hearing to determine the nature and extent of the alleged violation and shall have the power, on good cause being shown to cancel, suspend or revoke the conditional use permit or special use permit theretofore issued to the permittee, or to require corrective measures to be taken, or to direct the town or its agents to enter onto the premises and to take the corrective measures required by the commission, the costs of such corrective measures completed by the town to be assessed against the permittee, or that person's successors or assigns, and the property for which the permit was issued.

(a)

It shall be unlawful for any person to violate any of the provisions of this chapter.

(b)

It shall be unlawful for any person to use any land, building or structure for any purpose for which a conditional use permit or special use permit is required by any of the provisions of this zoning code, without first obtaining such permit. If found in violation, in addition to any fine that may be imposed in the municipal court, violators shall also be responsible for court fees and attorney fees incurred by the town in bringing any enforcement action.

(c)

It shall be unlawful for any person, while any conditional use permit or special use permit is null and void for failure to complete the proposed use, canceled, suspended or revoked, to use any land, building or structure for any purpose for which such a permit is required by the provisions of this zoning code. If found in violation, in addition to any fine that may be imposed in the municipal court, violators shall also be responsible for court fees and attorney fees incurred by the town in bringing any enforcement action.