(a)

Purpose. In order to provide flexibility and to help diversify uses within a zoning district, specified uses are permitted in certain districts, subject to the granting of a conditional use permit. Specific conditional uses for each zone district are listed in the matrix of permitted uses by zoning district.

(b)

Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to their effects on surrounding properties. The review process prescribed in this Section is intended to assure compatibility and harmonious development between conditional uses, surrounding properties and the Town at large. Conditional uses may be permitted subject to such conditions and limitations as the Town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with the conditional use criteria. The scope and elements of any conditional use may be limited or qualified by the conditions applicable to the specific property. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied.

(c)

Conditional Use Review Process.

(1)

Step 1: Optional pre-application conference. The applicant may attend a pre-application conference with a representative from the Town. The purpose of the meeting is to discuss the conditional use submittal requirements and review process.

(2)

Step 2: Conditional use application submittal. The applicant shall submit five (5) copies of the complete conditional use application package to the Town Clerk and shall request that the application be reviewed by the Planning Commission and Board of Trustees. All maps, legal descriptions and surrounding property owner information shall also be submitted on three (3) CDs. Conditional use requests shall include:

a.

Land use application form.

b.

Conditional use. Technical criteria Form.

c.

Title commitment. The title commitment must be current and dated no more than thirty (30) days from the date of the conditional use application submittal.

d.

Written statement and any graphics necessary to describe the precise nature of the proposed use and its operating characteristics, and to illustrate how all conditional use review criteria have been satisfied.

e.

A map showing the proposed development of the site, including topography, building locations, parking, traffic circulation, usable open space, landscaped area and utilities and drainage features.

f.

Preliminary building plans and elevations sufficient to indicate the dimensions, general appearance and scale of all buildings.

g.

Such additional material as the Town may prescribe or the applicant may submit pertinent to the application.

h.

Surrounding and interested property ownership report. Provide the Town Clerk with a current list (not more than thirty (30) days old) of the names and addresses of the surrounding property owners (within three hundred (300) feet of the property), mineral estate owners and appropriate ditch companies. The property owner list should also be submitted on a CD in an Excel™ spreadsheet. The applicant shall certify that the report is complete and accurate.

i.

Application fee and fee agreement. Application fees will be assessed in accordance with the Land Use Code Fee Schedule. Additionally, a non-refundable fee is collected to cover the cost of review by the Town Attorney, Town Engineer and any other expert whom the Town may wish to employ, notice and publication expenses and recording fees. Actual costs may exceed the deposit; in which case, the applicant is liable for costs in excess of the deposit. The Town shall provide applicants with a copy of the fee agreement form.

(3)

Step 3: Conditional use application certification of completion and report to Planning Commission. Within a reasonable period of time, staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit forty-four (44) copies, nineteen (19) of which are to be bound in D-ring binders, of the application to the Town Clerk. In addition to any hard copies required, all maps, legal descriptions and property ownership reports will be provided on three (3) CDs. The original application and all documents requiring a signature shall be signed in blue ink. After a complete application is received, staff shall prepare a report to the Planning Commission explaining how the application is or is not consistent with the conditional use application review criteria.

(4)

Step 4: Planning Commission public hearing and recommendation. The Planning Commission shall hold a public hearing to review the application based on the on the conditional use review criteria. The Planning Commission shall then make a recommendation to the Board of Trustees to approve, conditionally approve, or deny the application.

(5)

Step 5: Set conditional use public hearing dates and complete public notification process. The Town Clerk shall set the dates of the public hearings before the Planning Commission and the Board of Trustees. The Town Clerk shall send notice of the Planning Commission and Board of Trustees public hearings by certified mail to the applicant, to all surrounding property owners of record within three hundred (300) feet of the property, unless such distance is modified by the Planning Director in accordance with Sec. 16-1-140(d)(2) of this Code, to mineral estate owners of record, to appropriate ditch companies and to the appropriate referral agencies, no less than fifteen (15) days before the Planning Commission and Board of Trustees public hearings. The notices shall include the time and place of the public hearings, the nature of the hearings, the location of the subject property and the applicant's name. The Town Clerk shall also publish notice of the public hearings in a newspaper of general circulation no less than fifteen (15) days before the Planning Commission and the Board of Trustee hearings. The hearings may be held no less than fifteen (15) days from the date of the newspaper publication. Not less than fifteen (15) days before the Planning Commission hearing, the applicant shall post signs on the property within one hundred (100) feet of each adjacent public street right-of-way bordering the property, at least once for every six hundred (600) feet of frontage or as otherwise approved by the Town. The applicant shall submit photos of the signs and a signed, notarized affidavit certifying that the property was posted on the required date and in the locations as approved by the Town prior to the Planning Commission public hearing. The applicant is responsible for ensuring that the posted signs remain in place and in legible condition until the public hearings are concluded, and for removal of the signs after the public hearings are concluded. The signs shall be a minimum of three (3) feet by four (4) feet in size and shall state: "Property is under land use review by the Town of Mead. Call 970-535-4477 for further information." The signs shall have a white background with black and/or red lettering. If the conditional use application is accompanying another application which is scheduled for public hearings before the Planning Commission and Board of Trustees, one (1) public hearing may be held on both applications.

(6)

Step 6: Board of Trustees public hearing and action on the conditional use. The Board of Trustees shall hold a public hearing on the conditional use application. Following the public hearing, the Board of Trustees may approve, conditionally approve or deny the conditional use application based on the conditional use review criteria. A conditional use permit may be revocable, may be granted for a limited time period or may be granted subject to conditions as the Board may prescribe. Conditions may include, but shall not be limited to: requiring special setbacks, open spaces, fences or walls, landscaping or screening, street dedication and improvement, regulation of vehicular access and parking, signs, illumination, hours and methods of operation, control of potential nuisances, prescription of standards for maintenance of buildings and grounds and prescription of development schedules.

(7)

Step 7: Record conditional use map. Three (3) 24″ x 36″ Mylars, one (1) paper copy and an electronic CD of the conditional use map will be delivered to the Town Clerk upon approval by the Board of Trustees. Certifications will be placed on the Mylars as illustrated in the zoning amendment application process. The Town Clerk shall record one (1) 24″ x 36″ original Mylar of the conditional use map in the Office of the County Clerk and Recorder. The recording fee shall be paid by the applicant.

(d)

Conditional Use Review Criteria. The Town shall use the following criteria to evaluate the applicant's request:

(1)

The conditional use will satisfy all applicable provisions of the zoning code and subdivision regulations unless a variance is also being requested.

(2)

The conditional use will conform with or further the goals, policies and strategies set forth in the Town Comprehensive Plan.

(3)

The conditional use will be adequately served with public utilities, services and facilities (i.e., water, sewer, electric, schools, street system, fire protection, public transit, storm drainage, refuse collection, parks system, etc.) and not impose an undue burden above and beyond those of the permitted uses of the district.

(4)

The conditional use will not substantially alter the basic character of the district in which it is in or jeopardize the development or redevelopment potential of the district.

(5)

The conditional use will result in efficient on- and off-site traffic circulation which will not have a significant adverse impact on the adjacent uses or result in hazardous conditions for pedestrians or vehicles in or adjacent to the site.

(6)

Potential negative impacts of the conditional use on the rest of the neighborhood or of the neighborhood on the conditional use have been mitigated through setbacks, architecture, screen walls, landscaping, site arrangement or other methods. The applicant shall satisfactorily address the following impacts:

a.

Traffic;

b.

Activity levels;

c.

Light;

d.

Noise;

e.

Odor;

f.

Building type, style and scale;

g.

Hours of operation;

h.

Dust; and

i.

Erosion control.

(7)

The applicant has submitted evidence that all applicable local, state and federal permits have been or will be obtained.

(8)

Any other conditions as deemed appropriate by the Board of Trustees.

(Ord. 653 §1, 2009; Ord. 716 §6, 2012; Ord. 724 §6, 2013; Ord. 964, § 2(Exh. A), 2021)