Mount Crested Butte
City Zoning Code

ARTICLE VIII

Conditional use Permits

21-376 Purposes; limitations.

In order to provide the flexibility necessary to achieve the objectives of this chapter, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this chapter and with respect to their effects on surrounding properties. The review process prescribed in this article is intended to ensure compatibility and harmonious development between conditional uses and surrounding properties, and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of such conditional use will be in accord with development objectives of the town and will not be detrimental to other uses or properties.

(Ord. No. 12-07, § 1, 1-15-13)

21-377 Application; required information.

Application for a conditional use permit shall be made to the zoning administrator. The application shall be supported by documents, maps, plans and other material containing the following information:

Name and address of the owner and/or applicant and a statement that the applicant, if not the owner, has the permission of the owner to make application and act as agent for the owner;

Legal description, street address and other identifying data concerning the site;

A description of the precise nature of the proposed use and its operating characteristics and measures proposed to make the use compatible with other properties in the vicinity;

A site plan showing proposed development of the site, including topography, building locations, parking, traffic circulation, useable open space, landscaped area, utilities and drainage features;

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

Such additional material as the zoning administrator may prescribe or the applicant may submit pertinent to the application and to the findings, prerequisite to the issuance of a conditional use permit as prescribed.

(Ord. No. 12-07, § 1, 1-15-13)

21-378 Fee.

The town council shall set a conditional use permit fee schedule sufficient to cover the cost of town staff time and other expenses incidental to the review of the application. The fee shall be paid at the time of application and shall not be refundable.

Should an applicant request a special meeting of the planning commission or town council, which meeting is requested due to time constraints or desires of the applicant, and not due to statutory, code, or other limitations imposed by law that may require the town to conduct a special meeting, the applicant shall pay the costs incurred by the town to hold such special meeting, including payment of commission or council members, staff and attorney time, and any other costs incurred or necessary to conduct the special meeting. The council shall set the cost categories as well any set fees by resolution.

(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 20-9, § 1, 11-4-20)

21-379 Substantially completed application; hearing set.

Within five days of receipt of a conditional use application, the zoning administrator shall advise the applicant whether the application is substantially complete and accepted by the community development department for processing. If the application is not substantially complete, the zoning administrator shall advise the applicant in writing of the application deficiencies. Until a conditional use application has been deemed substantially complete by the zoning administrator, no public hearing shall be scheduled. Upon acceptance of the substantially complete application, the zoning administrator shall notify the town clerk who shall cause a public hearing on such application to be held before the planning commission, pursuant to section 2-276 et seq.

(Ord. No. 12-07, § 1, 1-15-13)

21-380 Conditions of permit.

A conditional use permit may be revocable, or may be granted subject to such other conditions as the town council may prescribe. Conditions may include, but shall not be limited to, requiring special setbacks, open spaces, fences or walls, landscaping or screening, street dedication or improvements; regulatory control of potential nuisances; prescription of standards for maintenance of buildings and grounds; and prescription of development schedules.

A conditional use permit shall not grant variances, but action on a variance may be considered concurrently with the conditional use permit application on the same lot. Variances shall be granted in accord with the procedure prescribed in this chapter.

(Ord. No. 12-07, § 1, 1-15-13)

21-381 Criteria.

Before acting on a conditional use permit application, the planning commission shall consider the following factors with respect to the proposed use:

Relationship and impact of the use on development objectives of the town;

Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public needs;

Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, parking and removal of snow from the streets and parking areas;

Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses;

Such other factors and criteria as the commission deems applicable to the proposed use;

The benefit to the community in the granting of the conditional use permit.

(Ord. No. 12-07, § 1, 1-15-13)

21-382 Findings.

The planning commission shall make the following findings before acting upon a conditional use permit:

That the proposed location of the use is in accord with the purposes of this chapter and the purposes of the district in which the site is located;

That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity;

That the proposed use will comply with each of the applicable provisions of this chapter, and shall be consistent with the Mt. Crested Butte Community Plan.

(Ord. No. 12-07, § 1, 1-15-13)

21-383 Action by the town council.

Within seven days following action of the planning commission, the planning commission decision shall be transmitted to the applicant and to the town council. At its next regularly scheduled meeting following receipt of the decision of the planning commission, the town council shall review the action of the planning commission and may confirm, modify or reverse its decision.

If it deems insufficient information is available to provide the basis for a sound decision, the town council may postpone final action for not more than 20 days, and the town council may, at its option, conduct an additional hearing in accord with the provisions of this article. The town council shall act in accord with the same criteria, and shall make the same findings as prescribed in this article for the planning commission, before granting a conditional use permit. The action of the town council shall become final immediately.

(Ord. No. 12-07, § 1, 1-15-13)

21-384 Permit issuance; effect.

The zoning administrator shall issue a conditional use permit when action of the town council becomes final, subject to such conditions as may be prescribed by the town council. The permit shall lapse if construction is not commenced within one year of the date of issuance and diligently pursued to completion, or if the use for which the permit is granted is not commenced within one year.

(Ord. No. 12-07, § 1, 1-15-13)

21-385 Related permits and requirements.

In addition to the conditions which may be prescribed pursuant to this article, a conditional use shall also be subject to all other procedures, permits, and requirements of this chapter and other applicable ordinances and regulations of the town. In event of any conflict between the provisions of a conditional use permit and another permit or requirement, the more restrictive provisions shall prevail.

(Ord. No. 12-07, § 1, 1-15-13)

21-386 Amendments.

The owner of property which has been granted a conditional use permit, or the owner's agent, may apply for an amendment to the conditional use permit. The application for an amendment to a conditional use permit shall be made to the zoning administrator and shall be treated as a new application, subject to the requirements and procedures set forth in this article.

(Ord. No. 12-07, § 1, 1-15-13)

21-387 Revocation.

The zoning administrator may initiate a proceeding for the revocation of a conditional use permit by giving written notice to the property owner and/or occupant, specifying the specific grounds for such revocation, and setting a date for hearing before the town council at which hearing both the zoning administrator and the property owner and/or occupant may attend and present evidence.

A conditional use permit may be revoked if, at such hearing, the town council finds one or more of the following:

That the conditional use permit was obtained by misrepresentation or fraud;

That the use for which the permit was granted has ceased;

That the holder or user of the conditional use permit has failed to comply with any of the conditions placed on the issuance of the permit;

That the holder or user of the permit has failed to comply with any town regulations governing the conduct of the use;

That the holder or user of the permit has failed to construct or maintain the approved site as shown on the approved site plan; or

That the operation of the use or the character of the site has been found to be a nuisance or a public nuisance by a court of competent jurisdiction in any civil or criminal proceeding.

In the event that a conditional use permit is revoked, the use of the property for which the conditional use permit was issued shall be discontinued. Failure to discontinue such use shall be a violation of the provisions of this chapter.

(Ord. No. 12-07, § 1, 1-15-13)

Mount Crested Butte
City Zoning Code

ARTICLE VIII

Conditional use Permits

21-376 Purposes; limitations.

In order to provide the flexibility necessary to achieve the objectives of this chapter, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this chapter and with respect to their effects on surrounding properties. The review process prescribed in this article is intended to ensure compatibility and harmonious development between conditional uses and surrounding properties, and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of such conditional use will be in accord with development objectives of the town and will not be detrimental to other uses or properties.

(Ord. No. 12-07, § 1, 1-15-13)

21-377 Application; required information.

Application for a conditional use permit shall be made to the zoning administrator. The application shall be supported by documents, maps, plans and other material containing the following information:

Name and address of the owner and/or applicant and a statement that the applicant, if not the owner, has the permission of the owner to make application and act as agent for the owner;

Legal description, street address and other identifying data concerning the site;

A description of the precise nature of the proposed use and its operating characteristics and measures proposed to make the use compatible with other properties in the vicinity;

A site plan showing proposed development of the site, including topography, building locations, parking, traffic circulation, useable open space, landscaped area, utilities and drainage features;

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

Such additional material as the zoning administrator may prescribe or the applicant may submit pertinent to the application and to the findings, prerequisite to the issuance of a conditional use permit as prescribed.

(Ord. No. 12-07, § 1, 1-15-13)

21-378 Fee.

The town council shall set a conditional use permit fee schedule sufficient to cover the cost of town staff time and other expenses incidental to the review of the application. The fee shall be paid at the time of application and shall not be refundable.

Should an applicant request a special meeting of the planning commission or town council, which meeting is requested due to time constraints or desires of the applicant, and not due to statutory, code, or other limitations imposed by law that may require the town to conduct a special meeting, the applicant shall pay the costs incurred by the town to hold such special meeting, including payment of commission or council members, staff and attorney time, and any other costs incurred or necessary to conduct the special meeting. The council shall set the cost categories as well any set fees by resolution.

(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 20-9, § 1, 11-4-20)

21-379 Substantially completed application; hearing set.

Within five days of receipt of a conditional use application, the zoning administrator shall advise the applicant whether the application is substantially complete and accepted by the community development department for processing. If the application is not substantially complete, the zoning administrator shall advise the applicant in writing of the application deficiencies. Until a conditional use application has been deemed substantially complete by the zoning administrator, no public hearing shall be scheduled. Upon acceptance of the substantially complete application, the zoning administrator shall notify the town clerk who shall cause a public hearing on such application to be held before the planning commission, pursuant to section 2-276 et seq.

(Ord. No. 12-07, § 1, 1-15-13)

21-380 Conditions of permit.

A conditional use permit may be revocable, or may be granted subject to such other conditions as the town council may prescribe. Conditions may include, but shall not be limited to, requiring special setbacks, open spaces, fences or walls, landscaping or screening, street dedication or improvements; regulatory control of potential nuisances; prescription of standards for maintenance of buildings and grounds; and prescription of development schedules.

A conditional use permit shall not grant variances, but action on a variance may be considered concurrently with the conditional use permit application on the same lot. Variances shall be granted in accord with the procedure prescribed in this chapter.

(Ord. No. 12-07, § 1, 1-15-13)

21-381 Criteria.

Before acting on a conditional use permit application, the planning commission shall consider the following factors with respect to the proposed use:

Relationship and impact of the use on development objectives of the town;

Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public needs;

Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, parking and removal of snow from the streets and parking areas;

Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses;

Such other factors and criteria as the commission deems applicable to the proposed use;

The benefit to the community in the granting of the conditional use permit.

(Ord. No. 12-07, § 1, 1-15-13)

21-382 Findings.

The planning commission shall make the following findings before acting upon a conditional use permit:

That the proposed location of the use is in accord with the purposes of this chapter and the purposes of the district in which the site is located;

That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity;

That the proposed use will comply with each of the applicable provisions of this chapter, and shall be consistent with the Mt. Crested Butte Community Plan.

(Ord. No. 12-07, § 1, 1-15-13)

21-383 Action by the town council.

Within seven days following action of the planning commission, the planning commission decision shall be transmitted to the applicant and to the town council. At its next regularly scheduled meeting following receipt of the decision of the planning commission, the town council shall review the action of the planning commission and may confirm, modify or reverse its decision.

If it deems insufficient information is available to provide the basis for a sound decision, the town council may postpone final action for not more than 20 days, and the town council may, at its option, conduct an additional hearing in accord with the provisions of this article. The town council shall act in accord with the same criteria, and shall make the same findings as prescribed in this article for the planning commission, before granting a conditional use permit. The action of the town council shall become final immediately.

(Ord. No. 12-07, § 1, 1-15-13)

21-384 Permit issuance; effect.

The zoning administrator shall issue a conditional use permit when action of the town council becomes final, subject to such conditions as may be prescribed by the town council. The permit shall lapse if construction is not commenced within one year of the date of issuance and diligently pursued to completion, or if the use for which the permit is granted is not commenced within one year.

(Ord. No. 12-07, § 1, 1-15-13)

21-385 Related permits and requirements.

In addition to the conditions which may be prescribed pursuant to this article, a conditional use shall also be subject to all other procedures, permits, and requirements of this chapter and other applicable ordinances and regulations of the town. In event of any conflict between the provisions of a conditional use permit and another permit or requirement, the more restrictive provisions shall prevail.

(Ord. No. 12-07, § 1, 1-15-13)

21-386 Amendments.

The owner of property which has been granted a conditional use permit, or the owner's agent, may apply for an amendment to the conditional use permit. The application for an amendment to a conditional use permit shall be made to the zoning administrator and shall be treated as a new application, subject to the requirements and procedures set forth in this article.

(Ord. No. 12-07, § 1, 1-15-13)

21-387 Revocation.

The zoning administrator may initiate a proceeding for the revocation of a conditional use permit by giving written notice to the property owner and/or occupant, specifying the specific grounds for such revocation, and setting a date for hearing before the town council at which hearing both the zoning administrator and the property owner and/or occupant may attend and present evidence.

A conditional use permit may be revoked if, at such hearing, the town council finds one or more of the following:

That the conditional use permit was obtained by misrepresentation or fraud;

That the use for which the permit was granted has ceased;

That the holder or user of the conditional use permit has failed to comply with any of the conditions placed on the issuance of the permit;

That the holder or user of the permit has failed to comply with any town regulations governing the conduct of the use;

That the holder or user of the permit has failed to construct or maintain the approved site as shown on the approved site plan; or

That the operation of the use or the character of the site has been found to be a nuisance or a public nuisance by a court of competent jurisdiction in any civil or criminal proceeding.

In the event that a conditional use permit is revoked, the use of the property for which the conditional use permit was issued shall be discontinued. Failure to discontinue such use shall be a violation of the provisions of this chapter.

(Ord. No. 12-07, § 1, 1-15-13)