Mountain View City Zoning Code
15 Conditional
and Temporary Uses
16.15.010 Purpose.
The purpose of this Article is to provide for flexibility in the processing of land use permits that may be unique in their compatibility with neighborhoods and existing uses within the Town. Temporary use provisions are used to process temporary uses as defined in Section 16.01.090. The Town Council may authorize conditional and temporary uses, upon application, if the requirements of this Article are met. (Ord. 2020-03-26B §5)
16.15.020 Conditional and temporary uses authorized.
The Town Council finds the granting of a conditional use permit or temporary use permit will not adversely affect the public interest. (Ord. 2020-03-26B §5)
16.15.030 Authorization by Town Administrator.
The Town Council authorizes the Town Administrator to receive applications for conditional and temporary uses and to approve them administratively in compliance with the requirements of this Article. The Town Administrator has discretion to send any such application to the Town Council for its review and determination on whether a permit shall be issued. For purposes of this Article, the Town Administrator shall be the person appointed as such pursuant to Section 2.03.060, his or her designee, or other official designee of Town Council if the position of Town Administrator is not occupied. (Ord. 2020-03-26B §5)
16.15.035 Conditional use review criteria.
To receive a conditional use permit, the proposed conditional use must comply with all applicable criteria identified in this Section and provide for satisfactory arrangement to address the following:
(a) The use is compatible with the Town of Mountain View Code, comprehensive plan, and applicable zoning regulations;
(b) The proposed use is consistent with the purpose and intent of the zoning district within which the proposed use is located and any applicable use-specific standards;
(c) The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics, including but not limited to traffic generation, lighting, noise, odor, dust, and other external impacts;
(d) There is sufficient ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in the case of fire or catastrophe;
(e) There is adequate off-street parking and sufficient loading spaces where necessary, with particular attention to the items identified in Subsections (a) through (d) of this Section and the economic, noise, glare or odor effects of the conditional use on adjoining properties and generally within the neighborhood;
(f) Appropriate refuse and service areas are provided;
(g) Adequate utilities are provided, with reference to type, availability, and compatibility; and
(h) Where necessary, screening and buffering is provided with reference to type, dimension and character. (Ord. 2020-03-26B §5)
16.15.040 Call-up by Town Council.
Any decision of the Town Administrator made regarding the categorization of land use not explicitly defined by Article 14 of this Chapter, entitled Permitted Uses, may be subject to “call-up” by the Town Council and will be processed as a conditional use permit application as follows:
(a) Review. Within ten (10) days of the date of written notice of the decision by the Town Administrator, the Town Council by a majority vote may, at its discretion, decide to review the decision at a regularly scheduled Town Council meeting within the following sixty (60) days. If called-up for review, the application will be reviewed de novo. Town Council shall consider the application and may continue its consideration to a future meeting as needed. All approvals granted by the Town Administrator shall be suspended until the Town Council has acted on the application.
(b) Distinct from Appeals Process. In the event an appeal is properly filed from a decision of the Town Administrator, the appeal shall be conducted as an appeal subject to all applicable requirements for such appeals. Said appeal shall not be subject to review and provided in Subsection (a) of this Section. (Ord. 2020-03-26B §5)
16.15.050 Applications.
The following minimum items shall be submitted with any conditional use application:
(a) A completed application on a form provided by the Town;
(b) A detailed written description of the proposed use or building modification, including, but not limited to, the number of employees or residents, the square footage to be constructed or added, a parking analysis that shows how the proposed use complies with the parking requirements of the Town, and any other reports or information identified by the Town Administrator to assist in the processing of the application.
(c) The Town may reject, without decision, any application that is incomplete, that otherwise fails to meet the requirements of this Chapter, or that is an application for a use requiring a different permit. (Ord. 2020-03-26B §5)
16.15.060 Duration of approval.
As specified in this Code or as determined appropriate by the Town Council in the approval resolution, a conditional use may be approved for a specific time period. At least sixty (60) days prior to the permit expiration, the permit holder may apply for a review hearing before the Town Council. The Town Council shall review the use against the criteria in Section 16.15.035 to determine whether it will be allowed to continue. The Town Council shall also determine the length of time which the extended conditional or special use permit shall be valid and whether additional review hearings shall be required. (Ord. 2020-03-26B §5)
16.15.070 Termination.
A conditional use permit approval terminates pursuant to this Section as follows:
(a) Developments and uses granted by a conditional use permit shall be developed or established in accordance with a development schedule set forth in the approval resolution or within one (1) year of the date of approval if no development schedule is established. Failure to develop or establish such development or uses in accordance with the time period approved on the permit shall result in the termination of the permit.
(b) If an approved use ceases operation for any reason for a period of one (1) year, the conditional use permit shall be deemed expired. If the conditions of a permit become the responsibility of a person or entity other than the applicant, the Town Administrator shall be notified in writing, identifying the new person or entity responsible for maintaining the conditions of the approval/permit. Until such notice is received, the applicant shall remain responsible. The notice shall be attached to the permit on file at the Town.
(c) If conditions of approval are not maintained, it shall be considered a violation of this Code and the permit shall be subject to revocation. (Ord. 2020-03-26B §5)
16.15.080 Conditional use permit for group homes.
(a) In addition to all other information required by this Article, an application for a conditional use permit for a group home shall include the following:
(1) Written verification that the group home is licensed by the State of Colorado or that said appropriate licensing is pending;
(2) The expiration date, if any, of the license or pending license; and
(3) Written verification that the proposed occupancy complies with the currently adopted edition of the building code.
(b) In addition to all other findings required by this Article, before a conditional use permit for a group home may issue, the Town Council must determine the following:
(1) That the applicant is licensed by the State of Colorado to operate such a facility. If the license is pending, a conditional use permit may be granted, but shall not take effect until the licensing is finally approved;
(2) That the proposed occupancy complies with the currently adopted edition of the building code; and
(3) That the proposed group home will not have any adverse effect on the residential character and quality of life of the Town.
(c) Dispersal Policy. In the absence of compelling reason to the contrary, it is the policy of the Town that, in order to prevent the concentration of group homes, no two (2) group homes shall be located within one-quarter (1/4) mile of each other within the Town. Before a conditional use permit can issue, the Town Council must therefore find that there is no other home located within one-quarter (1/4) mile of the proposed group home or that there are compelling reasons for disregarding this dispersal policy in a particular case.
(d) A conditional use permit for a group home shall be granted for the term of the group home license or for such shorter period of time as the Town Council finds appropriate under the circumstances of the case, but in no event a period of more than five (5) years.
(e) Upon receiving an application for renewal of any conditional use permit for a group home, the Town Administrator shall review Town files to determine if the Town has received any written complaints regarding the operation of the group home during the term of the conditional use permit. In addition, the Town Administrator shall inquire of the group home licensing agency to determine whether the licensing agency has received any such complaints and, if so, the nature of such complaints. If any complaints have been received, the application for renewal shall be heard before the Town Council under the same requirements for a new conditional use. If no complaints have been received, the Zoning Administrator shall issue an automatic renewal of the conditional use permit under the same conditions and duration as the original permit. (Ord. 2020-03-26B §5)
16.15.090 Temporary uses.
The Town Administrator may issue a permit for temporary structures and uses on certain properties; provided, that such temporary structures and uses meet the following requirements:
(a) No permit shall be granted for use of a temporary building for residential occupancy.
(b) A building may be approved for temporary use if such building and/or use is authorized by this Chapter in the zone district in which the property is located.
(c) The temporary structure or use must be clearly incidental to the development of the property.
(d) A permit for a temporary structure or use shall be granted for a period of time as the Town Administrator finds appropriate under the circumstances of the individual case, but in no event for a period of over one (1) year.
(e) Upon receiving an application for renewal of a permit for a temporary structure or use, the Town Administrator shall review the Town files to determine if the Town has received any written complaints regarding the temporary structure or use during the term of the permit.
(1) If any complaints have been received, the application for renewal must be heard before the Town Council under the same requirements for a new conditional use permit.
(2) If no complaints have been received, the Town Administrator shall issue an automatic renewal of the permit under the same conditions and duration as the original permit. A maximum of three (3) total years, beginning from the date the first permit was granted, shall be allowed.
(f) The Town Administrator may, at the time of approval of a temporary use, establish restrictions on location, height, setbacks, water and sewer facilities and public improvements and impose any other restrictions deemed necessary to protect the public health, safety and welfare. (Ord. 2020-03-26B §5)
16.15.100 Application for temporary use.
The following minimum items must be submitted for any temporary use permit request:
(a) A completed application, on a form provided by the Town.
(b) A detailed written description of the proposed use or building modification, including but not limited to the number of employees or residents, the square footage to be constructed or added, a parking analysis that shows how the proposed use complies with the parking requirements of the Town, and any other information that would be helpful in the review of the application.
(c) Any other reports or information deemed necessary, by the Town, for the adequate review of the proposed improvements shall be included.
(d) The Town may reject, without decision, any application which is incomplete, which otherwise fails to meet the requirements of this Chapter, or which is an application for a use requiring a different permit. (Ord. 2020-03-26B §5)
16.15.010 Purpose.
The purpose of this Article is to provide for flexibility in the processing of land use permits that may be unique in their compatibility with neighborhoods and existing uses within the Town. Temporary use provisions are used to process temporary uses as defined in Section 16.01.090. The Town Council may authorize conditional and temporary uses, upon application, if the requirements of this Article are met. (Ord. 2020-03-26B §5)
16.15.020 Conditional and temporary uses authorized.
The Town Council finds the granting of a conditional use permit or temporary use permit will not adversely affect the public interest. (Ord. 2020-03-26B §5)
16.15.030 Authorization by Town Administrator.
The Town Council authorizes the Town Administrator to receive applications for conditional and temporary uses and to approve them administratively in compliance with the requirements of this Article. The Town Administrator has discretion to send any such application to the Town Council for its review and determination on whether a permit shall be issued. For purposes of this Article, the Town Administrator shall be the person appointed as such pursuant to Section 2.03.060, his or her designee, or other official designee of Town Council if the position of Town Administrator is not occupied. (Ord. 2020-03-26B §5)
16.15.035 Conditional use review criteria.
To receive a conditional use permit, the proposed conditional use must comply with all applicable criteria identified in this Section and provide for satisfactory arrangement to address the following:
(a) The use is compatible with the Town of Mountain View Code, comprehensive plan, and applicable zoning regulations;
(b) The proposed use is consistent with the purpose and intent of the zoning district within which the proposed use is located and any applicable use-specific standards;
(c) The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics, including but not limited to traffic generation, lighting, noise, odor, dust, and other external impacts;
(d) There is sufficient ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in the case of fire or catastrophe;
(e) There is adequate off-street parking and sufficient loading spaces where necessary, with particular attention to the items identified in Subsections (a) through (d) of this Section and the economic, noise, glare or odor effects of the conditional use on adjoining properties and generally within the neighborhood;
(f) Appropriate refuse and service areas are provided;
(g) Adequate utilities are provided, with reference to type, availability, and compatibility; and
(h) Where necessary, screening and buffering is provided with reference to type, dimension and character. (Ord. 2020-03-26B §5)
16.15.040 Call-up by Town Council.
Any decision of the Town Administrator made regarding the categorization of land use not explicitly defined by Article 14 of this Chapter, entitled Permitted Uses, may be subject to “call-up” by the Town Council and will be processed as a conditional use permit application as follows:
(a) Review. Within ten (10) days of the date of written notice of the decision by the Town Administrator, the Town Council by a majority vote may, at its discretion, decide to review the decision at a regularly scheduled Town Council meeting within the following sixty (60) days. If called-up for review, the application will be reviewed de novo. Town Council shall consider the application and may continue its consideration to a future meeting as needed. All approvals granted by the Town Administrator shall be suspended until the Town Council has acted on the application.
(b) Distinct from Appeals Process. In the event an appeal is properly filed from a decision of the Town Administrator, the appeal shall be conducted as an appeal subject to all applicable requirements for such appeals. Said appeal shall not be subject to review and provided in Subsection (a) of this Section. (Ord. 2020-03-26B §5)
16.15.050 Applications.
The following minimum items shall be submitted with any conditional use application:
(a) A completed application on a form provided by the Town;
(b) A detailed written description of the proposed use or building modification, including, but not limited to, the number of employees or residents, the square footage to be constructed or added, a parking analysis that shows how the proposed use complies with the parking requirements of the Town, and any other reports or information identified by the Town Administrator to assist in the processing of the application.
(c) The Town may reject, without decision, any application that is incomplete, that otherwise fails to meet the requirements of this Chapter, or that is an application for a use requiring a different permit. (Ord. 2020-03-26B §5)
16.15.060 Duration of approval.
As specified in this Code or as determined appropriate by the Town Council in the approval resolution, a conditional use may be approved for a specific time period. At least sixty (60) days prior to the permit expiration, the permit holder may apply for a review hearing before the Town Council. The Town Council shall review the use against the criteria in Section 16.15.035 to determine whether it will be allowed to continue. The Town Council shall also determine the length of time which the extended conditional or special use permit shall be valid and whether additional review hearings shall be required. (Ord. 2020-03-26B §5)
16.15.070 Termination.
A conditional use permit approval terminates pursuant to this Section as follows:
(a) Developments and uses granted by a conditional use permit shall be developed or established in accordance with a development schedule set forth in the approval resolution or within one (1) year of the date of approval if no development schedule is established. Failure to develop or establish such development or uses in accordance with the time period approved on the permit shall result in the termination of the permit.
(b) If an approved use ceases operation for any reason for a period of one (1) year, the conditional use permit shall be deemed expired. If the conditions of a permit become the responsibility of a person or entity other than the applicant, the Town Administrator shall be notified in writing, identifying the new person or entity responsible for maintaining the conditions of the approval/permit. Until such notice is received, the applicant shall remain responsible. The notice shall be attached to the permit on file at the Town.
(c) If conditions of approval are not maintained, it shall be considered a violation of this Code and the permit shall be subject to revocation. (Ord. 2020-03-26B §5)
16.15.080 Conditional use permit for group homes.
(a) In addition to all other information required by this Article, an application for a conditional use permit for a group home shall include the following:
(1) Written verification that the group home is licensed by the State of Colorado or that said appropriate licensing is pending;
(2) The expiration date, if any, of the license or pending license; and
(3) Written verification that the proposed occupancy complies with the currently adopted edition of the building code.
(b) In addition to all other findings required by this Article, before a conditional use permit for a group home may issue, the Town Council must determine the following:
(1) That the applicant is licensed by the State of Colorado to operate such a facility. If the license is pending, a conditional use permit may be granted, but shall not take effect until the licensing is finally approved;
(2) That the proposed occupancy complies with the currently adopted edition of the building code; and
(3) That the proposed group home will not have any adverse effect on the residential character and quality of life of the Town.
(c) Dispersal Policy. In the absence of compelling reason to the contrary, it is the policy of the Town that, in order to prevent the concentration of group homes, no two (2) group homes shall be located within one-quarter (1/4) mile of each other within the Town. Before a conditional use permit can issue, the Town Council must therefore find that there is no other home located within one-quarter (1/4) mile of the proposed group home or that there are compelling reasons for disregarding this dispersal policy in a particular case.
(d) A conditional use permit for a group home shall be granted for the term of the group home license or for such shorter period of time as the Town Council finds appropriate under the circumstances of the case, but in no event a period of more than five (5) years.
(e) Upon receiving an application for renewal of any conditional use permit for a group home, the Town Administrator shall review Town files to determine if the Town has received any written complaints regarding the operation of the group home during the term of the conditional use permit. In addition, the Town Administrator shall inquire of the group home licensing agency to determine whether the licensing agency has received any such complaints and, if so, the nature of such complaints. If any complaints have been received, the application for renewal shall be heard before the Town Council under the same requirements for a new conditional use. If no complaints have been received, the Zoning Administrator shall issue an automatic renewal of the conditional use permit under the same conditions and duration as the original permit. (Ord. 2020-03-26B §5)
16.15.090 Temporary uses.
The Town Administrator may issue a permit for temporary structures and uses on certain properties; provided, that such temporary structures and uses meet the following requirements:
(a) No permit shall be granted for use of a temporary building for residential occupancy.
(b) A building may be approved for temporary use if such building and/or use is authorized by this Chapter in the zone district in which the property is located.
(c) The temporary structure or use must be clearly incidental to the development of the property.
(d) A permit for a temporary structure or use shall be granted for a period of time as the Town Administrator finds appropriate under the circumstances of the individual case, but in no event for a period of over one (1) year.
(e) Upon receiving an application for renewal of a permit for a temporary structure or use, the Town Administrator shall review the Town files to determine if the Town has received any written complaints regarding the temporary structure or use during the term of the permit.
(1) If any complaints have been received, the application for renewal must be heard before the Town Council under the same requirements for a new conditional use permit.
(2) If no complaints have been received, the Town Administrator shall issue an automatic renewal of the permit under the same conditions and duration as the original permit. A maximum of three (3) total years, beginning from the date the first permit was granted, shall be allowed.
(f) The Town Administrator may, at the time of approval of a temporary use, establish restrictions on location, height, setbacks, water and sewer facilities and public improvements and impose any other restrictions deemed necessary to protect the public health, safety and welfare. (Ord. 2020-03-26B §5)
16.15.100 Application for temporary use.
The following minimum items must be submitted for any temporary use permit request:
(a) A completed application, on a form provided by the Town.
(b) A detailed written description of the proposed use or building modification, including but not limited to the number of employees or residents, the square footage to be constructed or added, a parking analysis that shows how the proposed use complies with the parking requirements of the Town, and any other information that would be helpful in the review of the application.
(c) Any other reports or information deemed necessary, by the Town, for the adequate review of the proposed improvements shall be included.
(d) The Town may reject, without decision, any application which is incomplete, which otherwise fails to meet the requirements of this Chapter, or which is an application for a use requiring a different permit. (Ord. 2020-03-26B §5)