A. Purpose: The purpose of this section is to establish the procedures and criteria for the review of conditional uses, as identified in the land use table(s). Conditional uses have been determined to have such characteristics that a discretionary, site-specific review by the Planning and Zoning Board is necessary to evaluate whether the particular use, as proposed, is compatible, or can be made compatible, with neighboring land uses and other uses permitted in the zoning district. Conditional uses may not be appropriate at all locations within a zoning district.
B. Application Required: Any person desiring to establish a conditional use shall complete a conditional use application, which application shall be filed with the Community Development Department on a form prescribed by the City Planner. Notwithstanding the content of the application form, the Planning and Zoning Board may require additional information as necessary to obtain a complete description of the project and identify potential impacts. No person shall begin development or operation of a conditional use without first applying for and obtaining a conditional use permit, as outlined herein. An application fee, as specified pursuant to section 10-1-6 of this title shall accompany the application. Consultation with the City Planner regarding the preparation of the application is recommended.
C. Notice And Public Hearing. The Planning and Zoning Board shall conduct a public hearing to obtain information pertaining to the request and the appropriateness of the conditional use permit. Notice of the hearing is required as follows:
1. Notice of the public hearing shall be given at least twenty-one (21) days prior to the hearing by publication in the City’s official newspaper and by USPS first class mail to the owners of all properties within three hundred feet (300') of the subject property. The property owner list shall be based on the ownership data from the Park County Assessor’s office records on the day of the application. The written notice shall specify the date by which written comments and objections must be received by the City, which date shall be five business days prior to the public hearing.
2. The persons sending the notices by mail shall complete an affidavit of mailing which identifies the document, the property owners to which it was sent, and the date mailed.
3. The City Planner is granted authority to require or perform optional notice to inform property owners in addition to those within three hundred feet of the subject property, lessees, utility providers, or others that may be affected by the conditional use, of the public hearing. Optional notice is not subject to the twenty-one (21) day requirement, may take any form, and is completely discretionary. Optional notice, or lack thereof, shall not be ground for appeal. If the City Planner requires additional notice, the expenses and costs for the additional notice shall be paid by the City.
D. Approval by Planning and Zoning Board or Governing Body
1. Subject to the requirements of this chapter, the Planning and Zoning Board shall have authority to approve, deny, or approve with conditions an application for a conditional use permit, except as described in section 2 below.
2. If there is a written protest against the proposed conditional use permit signed by the owners of twenty percent (20%) or more of the area of the lots within the three-hundred foot (300') notice area, the Governing Body shall be the decision making body for the proposed conditional use permit. The written protests must be received by the Community Development Department no later than the date and time established for written comments in the notice for the public hearing. When the City receives a written protest against the proposed conditional use permit signed by the owners of twenty percent (20%) or more of the lots within the three-hundred foot (300') notice area, the Planning and Zoning Board shall, after conducting the public hearing, make a recommendation to the Governing Body to approve, deny or approve with conditions the proposed conditional use permit. If the Planning and Zoning Board fails to secure a vote of a majority of the Planning and Zoning Board on any motion for a recommendation, the application shall be considered as having “no recommendation”.
E. Standards of Review. The board or, if approval is required by the Governing Body, then the Governing Body, has authority to approve, impose conditions on, or deny condition use applications. When the Planning, Zoning and Adjustment Board reviews the application for a conditional use permit, a majority of the Planning, Zoning and Adjustment Board shall be required to approve the conditional use permit. When the City receives written protests by the owners of twenty percent (20%) or more of the lots as described above, the conditional use permit application must receive an affirmative vote of at least two-thirds (2/3) of the Governing Body to approve the conditional use permit. The board or the Governing Body shall base its determination upon the following considerations. Negative impacts may be justification to impose condition on or deny the application.
1. Is the site large enough to accommodate the proposed use and meet all of the dimensional standards and development regulations of the zoning district in which the project is located?
2. Is the use at the scale or density proposed compatible with all other uses in the immediate area and with permitted uses that may be established in the area?
3. Does the proposed use involve activities, processes, material, equipment, hours of operation or any other operational characteristics that would be materially detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, dust, glare, odors, hazards, or similar impacts?
4. Does the proposal include provisions for necessary and desire public utilities and facilities such as potable water, fire hydrants, sewer, electrical power, streets, stormwater facilities and sidewalks / pathways?
5. Will the proposed use create excessive additional costs for public facilities and services that would be materially detrimental to the economic welfare of the community?
6. Will the proposed use result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of significant importance?
7. The Planning and Zoning Commission or the Governing Body shall consult with or review the City Master Plan in determining whether to grant or deny a conditional use permit. However, neither the Planning and Zoning Commission nor the Governing Body shall require that a conditional use permit to be consistent with the Master Plan unless the applicable provisions of the Master Plan have been incorporated and codified into the City Code.
F. Conditioning Authority. The board, or if approval is required by the Governing Body, then the Governing Body, is authorized to impose conditions on the proposed use as necessary to ensure compliance with the provisions of this title and to mitigate or avoid negative impacts to neighboring properties or the general public health, safety and welfare of the community. Examples of such conditions may include, but are not limited to:
1. Limiting the size, height, location, or scale of the project or any component thereof.
2. Limiting the hours of operating of the use, or any component thereof.
3. Requiring sound-reduction methods.
4. Requiring screening of loading areas, storage areas, and other unsightly features.
5. Requiring dust control or surface improvements.
6. Limiting the duration of the conditional use permit to give opportunity for future review as the surrounding area becomes more developed.
7. Requiring the provision of on-site or off-site public facilities or services to serve the use.
G. Outstanding violations: The board, or if approval is required by the Governing Body, then the Governing Body, may withhold or delay issuance of a conditional use permit if there is an outstanding zoning violate that exists on the subject property, until the violation is remedied.
H. Filing Of Permit: If the conditional use permit is authorized by the board (or by the Governing Body when so required), the city shall prepare a conditional use permit in a recordable format. The permit document shall include the date the conditional use was approved by the board or the Governing Body; a description of what was approved; any conditions, limitations and restrictions imposed on such conditional use; and, the “time limitations and expiration” language found below. The permit shall be signed by the Chair of the Planning and Zoning Board and recorded with the Park County Clerk Office within fifteen (15) days or as otherwise specified by the board or Governing Body. Recording costs is at the applicant’s expense.
I. Time Limitations And Expiration
1. Unless specified otherwise by the board or Governing Body, development of a permitted conditional use shall commence within two (2) years of the granting of the conditional use permit, or the authorization shall expire. If the conditional use is associated with a building, commencing development shall be in the form of obtaining a building permit and starting construction on the project. If no building is associated with the conditional use, the conditional use activity shall commence within the specified deadline.
2. If a conditional use has been discontinued for one (1) year or more, the conditional use permit shall automatically become null and void and the activity shall not be reestablished except in accordance with the provisions and procedures of this title.
J. Transfers. Conditional use permits are granted to the specific property for which the approval was granted and upon property sale, transfer or conveyance, the conditional use permit, if not otherwise revoked or expired pursuant to this chapter, transfers to the new owner(s) without further application or approval, provided, however, the new owner(s) shall be bound by the same time limits and conditions of approval as the original permit holder(s). A conditional use permit is not transferrable from one (1) property to another.
K. Modifications: A request to modify, expand, or otherwise change an approved conditional use permit shall be processed as a new application.
L. Revocation, Suspension or Modification By The Board.
1. A conditional use permit may be revoked, suspended, or modified by the board or by the Governing Body if the conditional use permit was approved by the Governing Body, for cause upon written notice to the permit holder, and after a public hearing, for either breach or violation of any condition of approval or limitation of the permit; or, if the conditional use permit is operated in a manner so as to create a public nuisance as defined and regulated by the City Code.
2. If the board, or the Governing Body if the conditional use permit was approved by the Governing Body, desires to revoke, suspend, or modify a conditional use permit, either on its own action or after receipt of a written complaint, the board or the Governing Body shall notify the permit holder of the complaint or proposed action and provide the permit holder with the opportunity to contest the revocation, suspension, or modification in a public hearing.
3. Notice of the public hearing shall be mailed to the property owner by U.S. Mail, certified, return receipt, at least fourteen (14) twenty-one (21) days before the public hearing. Notice shall also be provided to neighbors and the public in the same manner set forth for the application of a conditional use permit.
4. The board or the Governing Body may appoint a hearing officer to conduct the public hearing, and to make recommended findings of fact and conclusions of law, which shall be delivered to the board or Governing Body within thirty days after the public hearing. The board or Governing Body shall make findings of fact and conclusions of law supporting their decision. (Ord. 2017-02, 3-7-2017; amd. Ord. 2024-01, 4-16-2024)