Chapter 16.105
CONDITIONAL USE AND TEMPORARY USE PERMITS
Sections:
16.105.010 Conditional use permit – Review process.
16.105.010 Conditional use permit – Review process.
(a) All conditional uses as specified in each district will be subject to a two-step review process. Step 1: Commission review and recommendation; Step 2: Board review and decision.
(b) Applicants for a conditional use permit shall complete a written application for such use which shall be obtained from the town clerk.
(c) The completed application and supplementary submittal materials shall be filed with the town clerk at least 30 days prior to the planning commission meeting.
(d) The town staff shall review each application submitted and the town clerk shall schedule it for review by the commission at its next regularly scheduled meeting if the meeting is scheduled at least 15 days subsequent to the filing of the application. The town clerk shall publish a notice in the official newspaper of the town showing the date and subject of the commission review at least seven days prior to the meeting.
(e) The commission shall review all the submitted documents and make a recommendation for approval, approval with conditions or denial to the board. The commission review shall concern itself with the completeness of the application submittal documents, the relative compatibility of the proposed use in relation to surrounding uses, the degree of conformance to the intent of the master plan for the area, the proposed on- and off-site mitigation measures used to temper the impacts of the use on surrounding properties and other factors deemed appropriate by the commission.
(f) Review by the board shall be conducted in a public hearing format within 45 days of the completion of the commission’s review. The town clerk shall have caused a public hearing notice to be published in the official newspaper of the town at least 15 days in advance of the hearing.
(g) The board shall conduct the hearing and make findings in regards to the application. Upon weighing all the evidence presented, a decision for approval, approval with conditions or denial must be made on the application. Decisions of the board are final. Findings are to be made utilizing the following criteria:
(1) Preservation of the interests of the health, safety and welfare of the community as a whole;
(2) Compatibility with and effect on the neighborhood in which the use is to be located;
(3) Mitigation measures used to alleviate on- and off-site impacts due to the development and operations of the use;
(4) Preservation of property values;
(5) Public reaction to the proposal;
(6) Likelihood of a nuisance being created;
(7) Any other criteria deemed appropriate by the board.
Conditions imposed on any approved application may include time limits, future review and renewal of the permit, limits to quantities of material allowed on the site, pollution control measures, additions to screening plans, etc. The board may continue any conditional use review hearing for as long as necessary before rendering a decision. In addition, the board may require the applicant to enter into a written contract or other assurance which the board may, in its discretion, deem advisable as a condition for the granting of such conditional use permit pursuant to the application.
(h) Upon approval and settling of accounts, the conditional use permit application with attached conditions and plans shall be signed by the mayor, attested by the town clerk, and filed with the Grand County clerk and recorder.
(i) Submittal Documents.
(1) Application cover sheet and description of the conditional use;
(2) Site plan drawing at appropriate and legible scale showing legal parcel dimensions, structure and use locations and the like;
(3) Landscape and impact buffering plans;
(4) Descriptions of impact mitigation methods;
(5) List of property owners’ physical and mailing addresses within 300 feet of the application parcel boundary;
(6) Development schedules;
(7) Any other information required by the town to review the application;
(8) Specified filing fee payment;
(9) Proof of ownership by applicant.
(j) Filing Fees. The board will set a filing fee for conditional use permits to cover general administrative costs. In addition, the applicant will also pay the costs of notice of publication, mailings and any recording fees. These fees and bills must be paid before the permit is signed. [Amended during 2011 recodification; Ord. 719 § 1, 2008. Code 1999 § 16-5-1].
16.105.015 Conditional use permit – Renewal or extension.
In those instances where the board of trustees has previously approved a conditional use permit for a definite term, and the permittee desires to renew or extend that term, the following abbreviated submittal requirements and review process shall apply:
(a) Submittal Documents.
(1) Application cover sheet and description of the conditional use;
(2) Certification by the applicant that neither the nature nor extent of the use, site plan, landscape and impact buffering plan, impact mitigation methods, development schedules or other significant aspects of the previously approved conditional use have changed since the board of trustees’ original approval of the conditional use permit;
(3) List of property owners’ physical and mailing addresses within 300 feet of the application parcel boundary;
(4) Proof of ownership of the property by the applicant;
(5) Specified filing fee payment;
(6) Reimbursement agreement;
(7) Any other information requested by the town to review the application.
(b) Review Process. The renewal application will be reviewed only by the board of trustees, unless the town manager determines that the matter should first be referred to the planning commission. If the matter is not referred to the planning commission, it shall be scheduled for review and consideration by the board of trustees within 45 days of the town staff deeming the application complete. The town clerk shall publish a notice in the official newspaper of the town showing the date and subject of the board’s review at least seven days prior to the meeting. The clerk shall also send notice to the owners of property within 300 feet of the parcel boundary at least 20 days before the hearing, or direct that the applicant do so and provide proof of such mailing to the clerk.
(c) Exceptions. The abbreviated renewal process described above shall not be used if any one or more of the following circumstances exist:
(1) Town has received any written complaints about the operations or uses authorized by the conditional use permit during the previous term of the permit.
(2) The operations or uses sought by the applicant have changed from those approved by the previous permit.
(3) The town manager determines that the renewal application should be subject to the normal review process as set forth in GMC 16.105.010. [Ord. 779 § 1, 2012].
16.105.020 Temporary uses.
(a) Temporary Uses. Upon application to the town clerk, a temporary use permit may be issued for the uses specified below. Such permits shall be valid only for the period of time specified below, and only two renewals of the permit may be granted. Failure to terminate such temporary use by the specified time shall be considered a violation of this code. Uses may be added to this list from time to time by the board. All temporary uses involved in the sale of goods require a sales tax license. Other licenses may also apply.
Permits are subject to reasonable stipulations established at the time of application and review including but not limited to: safe and adequate access; sufficient parking without interfering with public rights-of-way, streets and sidewalks; adequate sanitation facilities; provision for collection, recycling and disposal of all waste; and compliance with all building, construction and fire codes.
Nothing in this section shall be construed so as to prohibit persons from conducting garage or yard sales, children’s beverage and snack stands in the residential zone districts of the town, subject to all applicable rules and regulations.
|
Temporary Use |
Time Period Permitted |
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Construction and sales office which also can be used as security quarters incidental to construction on the premises |
Two years |
|
Carnival, circus, bazaar, fair, music and art festivals, open air market which may include retail sales of specialty items |
Two weeks |
|
Temporary Use |
Time Period Permitted |
|
Seasonal sales including but not limited to ski equipment, sporting goods, farm produce or other food products. Any structures used for display shall be removed during the period when not in use |
Three months per year |
|
Temporary facilities related to special events, including, without limitation, grand openings, weddings, parties, luncheons, reunions, award ceremonies and downtown/chamber theme events |
Two weeks |
|
Signs erected only for political campaigns |
Three months |
|
Banners, flags and pennants |
Only for grand openings of a new business for a 30-day period within the first 180 days of business |
|
Parking for another temporary use |
Same as temporary use for which it is permitted |
|
Christmas tree sales |
60 consecutive days |
|
Temporary offices, classrooms, and bank facilities in module units designed for that occupancy classification |
Not to exceed two years after a site development plan as required is approved |
|
Real estate offices and model homes incidental to a new housing development |
Not to exceed two years after the first certificate of occupancy |
|
Temporary residential or commercial storage containers |
40 consecutive days |
|
Sidewalk sales – A sidewalk sale shall be conducted only by the retail establishment located on the property and shall only include merchandise that is regularly offered for sale inside that retail establishment |
Four separate occasions per calendar year, not to exceed three consecutive days |
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Outdoor sales by charitable organizations (written documentation of charitable status required) |
Not to exceed two weeks |
|
Display and sale of seasonal merchandise |
18 weeks per calendar year |
|
Stationary food stands |
12 months* |
|
Mobile food service |
12 months** |
|
Natural disaster and emergency offices |
12 months |
* Stationary food stands including vending machines.
** Mobile food service – Permit required.
(b) Notwithstanding any provisions of this title to the contrary, food stands shall be permitted in all zone districts of the town so long as the location of the food stands is not within 300 feet of an occupied dwelling or of property upon which a public or private school is located.
(c) No food stands shall be located so as to obstruct a public sidewalk or the traveled portion of the public right-of-way.
(d) No person shall conduct a mobile food stand business within the town unless said person has first obtained a peddler’s and solicitor’s license from the town for each location within the town at which the food stand’s business is to be conducted. Every applicant for a food stand permit shall submit a completed application to the town clerk. Said application shall be accompanied by the permit fee and shall contain the following information:
(1) Name and address of the applicant;
(2) A written description of the nature of the food stand service to be conducted by the applicant, including the type of food or beverages to be served;
(3) A valid copy of the sales tax license issued by the town;
(4) A description of the cart or other vending device from which food or beverages are to be served;
(5) A plot plan showing the proposed location of the food stand in relation to the town rights-of-way and the traveled portion in any town street or sidewalk;
(6) A statement indicating the distance of the proposed mobile food stand location from the nearest occupied dwelling and public or private school property;
(7) Evidence of compliance with any regulations of the Department of Health; and
(8) In the event the food stand is to be conducted on private property, the application shall be accompanied by a written statement signed by the owner of said property granting the operator of the proposed food stand the right to conduct business on said property.
(e) Before issuing a food stand permit, the town clerk or the town clerk’s designee shall first determine whether the vending device to be used complies with the design standards established by the town and whether the proposed location of the food stand is compatible with the public interest in the use of the public right-of-way. In making the determination as to the compatibility with the use of the public right-of-way, the town clerk or the town clerk’s designee shall consider the width of the sidewalk or right-of-way at or adjacent to the proposed food stand location, the location of adjacent buildings, the availability of adequate parking areas, the proximity of loading zones, or the presence of other characteristics which may result in obstruction of the sidewalk or right-of-way or in pedestrian or street congestion.
(f) The food stand permit shall be valid for a period of 12 months from the date of issuance. In the event a food stand operator wishes to renew the permit, he or she shall first submit to the town an application updating all information contained in the initial application, along with the annual permit fee.
(g) Each permit shall be valid for not more than one location.
(h) A person to whom a food stand permit has been issued shall pick up and remove any paper, cardboard, wood, or plastic containers, wrappers, or any similar litter which is deposited by any person within 25 feet of the approved location designated on the permit; and the permittee shall carry a suitable container for placement of such litter by customers or other persons. [Ord. 719 § 1, 2008. Code 1999 § 16‑5‑2].