A Conditional Use Permit is required by Park County Land Use Regulations for a permanent use generally compatible within the zone district, but in need of site-specific review of the location, design, intensity, density, configuration, etc.
2. Procedure:
you have a pre-application 'conference' (meeting, phone call, or email conversation) with Planning and Zoning staff;
you submit a complete application;
the Planning Department schedules the application for a Planning Commission hearing and the next reasonable Board of County Commissioners hearing;
staff and applicant present a draft resolution to the Planning Commission;
the approval decision must be made within 90 days of the presentation or it defaults to approved for the Board of County Commissioners;
Planning staff and applicant present the application to the Board of County Commissioners;
the final decision is recorded in a resolution and sent to you;
Planning staff will record the decision against the property with Park County Clerk and Recorders.
evidence that property taxes have been paid current (available from the County Treasurer's Office);
evidence of ownership and encumbrances (warranty deed available from Park County Clerk & Recorder's Office);
if applicable, a copy of all recorded covenants;
complete legal description of property prepared by licensed and registered CO land surveyor (the copy contained in a warranty deed typically suffices);
a list of names and mailing addresses of all adjacent property owners (available from the Park County Assessor's Office);
a signed and notarized mineral estate certification #link to appendix B
a current conditions map showing the following:
topography in 20' elevation contours or less (unless otherwise specified by Planning staff);
all points of access to the property (from the nearest road/highway), internal roads and trails, with widths and approximate grades;
if the access to the property is not County-owned, evidence of permanent legal right of access (ex: deed easement agreement, attorney opinion);
all natural features on property subject to CUP such as wetlands, riparian areas, water bodies, slopes greater than 30%, etc.;
all structures on property;
utility systems both existing and proposed: wells, sewer systems, electric, natural gas, etc.;
the proposed development plan describing existing and proposed physical improvements and their approximate locations;
if geological hazard area (according to geological hazard map):
a geotechnical report prepared by qualified professional geologist addressing the presence and extent of any geological hazards (ex: underground excavations on/adjacent to property, radioactive/toxic materials)
a specific site master plan;
if for a Single-Family Dwelling in a Mining Zone:
a Colorado Geological Survey review (application is incomplete until report is received, applicant has paid all relevant fees, and applicant has submitted a written response)
applications, including the geotechnical report, must be forwarded to the for review and evaluation (paid for by the applicant);
within 15 days of receiving the report from the Colorado Geological Survey, the applicant must submit a written response to Planning Department detailing proposed methods for addressing hazards/concerns identified in the report;
applicants are strongly encouraged to adopt all measures recommended by Colorado Geological Survey;
an applicant report addressing commercially valuable mineral resources on the proposed site and adjacent sites; the applicant must establish that the proposed residential use does not conflict or interfere with mining mineral resources on the property or adjacent properties;
the applicant must establish that the proposed residential use:
meets review standards for Conditional Uses (see approval criteria section below);
does not present a hazard to occupants OR all hazards identified are/will be mitigated by the applicant;
will not conflict or interfere with the mining of mineral resources located within the property or on adjacent properties;
will not interfere with or impair historical access to adjacent uses, properties, or mining claims;
if for a Sexually Oriented Business:
outside signage may not be sexually explicit in language or graphics;
the business is only allowed within the commercial zone;
adult entertainment businesses:
cannot be within 1500 ft from any residence, school, or religious structure;
may only be open between 18:00-01:00 (adult bookstores exempt from this requirement);
may only admit individuals 21 and over to the establishment (this also applies to employees, agents, servants, and contractors).
4. Approval:
Criteria:
the proposed use is authorized as a conditional use for the property's zone district;
the property's environmental conditions are compatible with the proposed use;
the proposed use conforms with all relevant requirements of Land Use Regulations and do not create a substantial safety concern for anticipated visitors;
the property has a reasonably certain right of permanent vehicular legal access from public thoroughfare;
access from the public thoroughfare reasonably meets County standards or will meet these standards prior to the issuance of a building permit;
the proposed use is compatible with uses and zoning for other properties in the neighborhood or immediately surrounding area;
any conflicts with existing covenants, conditions and restrictions of record are considered.
Limitations:
if it's substantially likely that the CUP will create impacts that are unreasonably uncertain or not identifiable when the permit is issued, the Board of County Commissioners may impose a duration limit on the CUP;
prior to its expiration, the Board of County Commissioners must review the applicant's situation and issue a new resolution issuing a perpetual CUP, terminating the CUP, or renewing a limited-term CUP.
Effect:
CUP is deemed perpetual unless otherwise specified in the resolution
CUP must be recorded against the property and run with the property for the benefit of subsequent property owers unless otherwise stipulated in CUP resolution
CUP license/permit may be revoked (V-506)
conditional use cannot be expanded in scope, area, use, or in any other manner inconsistent with the permit
CUP may be transferred to subsequent property owners who apply to the Planning Director for such a transfer Planning Director may deny transfer of CUP for non-compliance with conditions
5. Revocation:
The Board of County Commissioners may revoke a CUP at any time if:
at least one express condition of the permit is violated (the CUP owner/holder may be subject to criminal and civil penalties of at least $600/day combined, as per CRS §30-28-124 and §30-28-124.5);
the conditional use was not implemented within two years of receiving final approval; OR
the conditional use was terminated, ceased, or otherwise discontinued for a period of two consecutive years.
The Board of County Commissioners must provide notice to the CUP holder and an opportunity to address the cause/s for revocation.
The revocation decision must be made in writing and is subject to appeal; the revocation must be recorded with the County Clerk and Recorder after the expiration of the appeal period or the conclusion of the appeal.
The Board of County Commissioners may impose on the CUP holder and owner costs incurred in the enforcement and revocation of the CUP.
Upon receiving the final revocation order from the Board of County Commissioners, the permit holder/owner has 30 days to remove and cease the conditional use unless otherwise specified by the Board of County Commissioners.
The CUP owner/holder may be subject to criminal and civil penalties for the failure to remove or cease the conditional use in time (penalties may total at least $600/day combined, as per CRS §30-28-124 and §30-28-124.5).
6. Amendment of the CUP requires an application for an amended CUP, which must be submitted as a new CUP application.