ARTICLE 3
Although each zone district is primarily intended for permitted uses (such as dwellings in residential districts), there are a number of uses which may of may not be appropriate in a particular district depending upon, for example, the location, nature of the proposed use, character of surrounding development, soil suitability, traffic capacities of adjacent streets and potential environmental effects. These factors may dictate that the circumstances of development should be individually reviewed. It is the purpose of this Article to provide review of such uses so that the County is assured that they are compatible with their locations and surrounding land uses and will further the purposes of these Regulations.
(A) An application for approval of a conditional use may be filed by a person having an interest in the property for which the conditional use is requested and shall be made on a form provided by the County. The form shall not be altered or re-formatted to an applicantŐs computer version. Such application and twelve (12) copies shall be filed in the office of the County Clerk and Recorder. The application shall not exceed a folded size of 8 ½ inches by 14 inches so as to fit into a legal file folder. The County Clerk shall stamp and initial the application and immediately transmit the application and copies to the Land Use Administrator who will distribute them to the Board of County Commissioners, the Planning and Zoning Commission and the County Attorney. The application must include:
(1) A reasonable nonrefundable-processing fee fixed by the Board shall be submitted with the application plus an assurance on the application that the applicant shall also pay the total actual costs of the review.
(2) A site plan drawn to approximate scale showing the major details of the proposed use consisting of the following, if applicable: location of buildings and structures; off-street parking area; off-street loading areas; service and refuse areas; means of ingress and egress; major landscaping or screening proposals; signs; pedestrian areas; and pertinent dimensions.
(3) A time schedule for construction.
(4) Such other information as the Planning Commission or Board shall require by written request.
(5) Any other information the applicant believes will support the request.
(B) The applicant shall include with the application a list of owners of abutting properties and of properties located within 300 feet of the subject property line along with the current addresses of all such owners. The Board will send notification to such owners by first class mail with a certificate of mailing that a conditional use application has been filed and that they may review the application during the regular office house of the County Courthouse. Such written notice shall also advise such owners that a public meeting will be held before the Planning Commission and shall give the date, time and location of said meeting and that a public hearing will be held before the Board for which published notice is required.
(C) Within 60 days after the Planning Commission receives a completed application, the Planning Commission shall hold a public meeting to consider the application. The Planning Commission shall, within 30 days of the public meeting or within such time as is mutually agreed by the Planning Commission and the applicant, either recommend approval of the application in whole or in part, with or without modifications and conditions or recommend denial of the application by the Board. If conditions are recommended, the Planning Commission shall specify whether those conditions are temporary (such as construction conditions) or permanent (such as future uses of the property). Such written recommendation of the Planning Commission shall be transmitted to the Board and to the applicant.
(D) The Board shall hold a public hearing on the application for a conditional use within 45 days after receiving the written recommendation from the Planning Commission. A notice of said hearing shall be published in a newspaper of general circulation within the County at least fourteen (14) days prior to the hearing date.
(E) The Board shall, within thirty (30) days of the public hearing or within such time as is mutually agreed by the Board and the applicant, either grant the application in whole or in part, with or without modifications and conditions, or deny the application. If conditions are imposed by the Board, the Board shall specify whether those conditions are temporary (such as construction conditions) or permanent (such as future uses of the property). The decision of the Board shall be transmitted in writing to the Planning Commission and to the applicant.
(F) All approved site plans for conditional uses including modifications and conditions shall be certified by the Board and made a permanent part of the Zoning Map but not sooner than 31 days following approval.
(G) Any person applying to the courts for judicial review of any decision made under the terms of this Article 3 shall apply for review within thirty (30) days of the date of the BoardŐs written decision and shall be required to pay the cost of preparing a transcript and complete record of the proceedings. The application for review shall be in the nature of certiorari under Rule 106(a)(4) of the Colorado Rules of Civil Procedures. The County shall be entitled to appeal any decision of the District Court made under said Rule 106 proceedings.
(A) No conditional use application shall be approved unless the Board finds that the application:
(1) Complies with all requirements imposed by this Article and with all applicable written rules.
(2) Is consistent with the objectives and purposes of these Zoning Regulations as declared in Sections 1.3 and 3.1.
(3) Is compatible with surrounding land uses and the area of its location.
(B) In considering an application for a conditional use, the Board shall consider and may impose modifications or conditions concerning, by way of illustration and not by way of limitation, the following development features, to the extent such modifications or conditions (most of the examples set forth below are permanent conditions) are necessary to insure compliance with the criteria of paragraph 3.3(A):
(1) Size and location of site.
(2) Internal traffic circulation and access to adjoining public streets.
(3) Location and amount of off-street parking.
(4) Fencing, screening and landscaped separations including open space.
(5) Building bulk and location.
(6) Signs and lighting.
(7) Noise, vibration, air pollution and other environmental influences.
(C) No approved conditional use may be modified, structurally enlarged or expanded in ground area unless a new site plan is approved in accordance with the procedures applicable to the initial approval of a conditional use. Non-compliance with any conditions imposed by the Board in the resolution granting a Conditional Use, whether temporary or permanent, may result in revocation of the Conditional Use.
(A) For the purpose of providing a guide to its decision making, the Board may by resolution promulgate additional specific written regulations for the following conditional uses which shall, insofar as possible, specify the criteria and standards under which these conditional uses are to be considered for approval. The absence of additional county regulations shall not relieve an applicant from complying with federal and state laws, rules and regulations applicable to a conditional use, such as the installation of manufactured homes, the conversion of mobile homes to permanent improvements and the creation and use of feedlots.
(1) Manufactured / Mobile home parks.
(2) Transient manufactured / mobile home parks.
(3) Gasoline service stations.
(4) Extractive industries.
(5) Campgrounds.
(6) Commercial feed lots.
(7) Kennels and veterinary hospitals.
(8) Salvage yards.
(B) The Board may also, from time to time, promulgate additional written specific regulations not inconsistent with the provision of the Article relating to procedures and to criteria and relevant development features of any other conditional uses.