Special Use Permits
Overview
Special uses may be granted in a zone district either administratively or through a public hearing process. Each zone district lists both permitted uses and special uses.
Permitted Use
Permitted uses are allowed uses by right. Special uses are intended to fill a particular void. For example, one of the special uses listed in the R-1 zone district is a bed and breakfast facility. An auto sales lot is an example of a C-1 special use. Approval of a special use is dependent on compatibility with surrounding uses, design of the property, and operation and management of the use.
Special Use
Special use approvals can be vested with the land in perpetuity, can be granted only to the applicant, or can be for a specific period of time. Obtaining a special use approval can take as little as two months or as long as four months depending on the nature of the request and whether an administrative approval occurs. A site plan for the property may be required with a special use application. This is usually based on the nature of the request as determined by the development review team.
All Special Use Permit applications BEGIN as an administrative process. This means that every Special Use starts without the requirement of having any public hearings before City Council or other board. However, a City Council hearing may be required. Read the process guide below for further information.
Pre-Application Meeting
Prior to application for an SUP, the applicant will need to schedule a pre-application meeting. Staff has initiated this meeting as a means of reviewing the proposal and to provide input on the amendment process and requirements. There is a $200 fee for the pre-application meeting.
Neighborhood Meeting
After the pre-application meeting, but prior to application, the applicant will need to hold an informal neighborhood meeting. The purpose of the meeting is to provide the opportunity for citizens to become aware of the proposed use in their neighborhood, and to allow the applicant to respond to citizen concerns regarding the proposed project. All residents and property owners within 600 feet will need to be notified of the meeting. Staff will provide the applicant with the notification list of all properties and property owners within the 600 foot radius. It will be the responsibility of the applicant to coordinate with staff to notify area residents of the date, time, and location of the meeting. There is a $150 fee for the neighborhood meeting.
A staff planner will attend the meeting to discuss City policy and regulations, and the process involved; however, the planner will remain impartial regarding viability of the project.
Submittal
Once the neighborhood meeting is held, a formal application may be submitted. Please refer to the Site Plan Checklist for all submittal requirements; staff is unable to accept incomplete applications.
Submittal Review
When the application is submitted, a staff planner will be assigned to handle the case. This person is the project manager for the case and will be the contact at the City throughout the entire SUP process.
The case manager will review the submittal application for content. If all submittal requirements have been met, the proposal will be referred to outside service agencies (Xcel Energy, water district, fire district, etc.) and other City agencies (Public Works, Economic Development, etc.) for their review and comment, generally for a period of 15 days. After all comments have been received, the case manager will forward those to the applicant.
Modifications to the Special Use Permit application may be required as a result of these comments.
Administrative Approval
If the application does not require a referral to other departments or after comments by the referral agencies have sufficiently been addressed, a neighborhood notification and 10-day property posting period is required. The posting and notification inform the surrounding neighborhood of the request.
The Community Development Department will prepare a sign that must be placed on the property by the applicant. In addition to the sign being posted, the Community Development Department will simultaneously notify adjacent property owners of the request. During the 10-day posting and notification any person may submit objections, concerns or comments in writing to the Community Development Department.
If no written objections to the SUP request are received during this 10 day period, the Community Development Director can take action on the SUP application without requiring a Public Hearing before City Council. The Community Development Director can approve, approve with conditions, or deny the SUP. Conditions of approval may be placed upon the SUP to ensure that the special use will have a minimal impact on the surrounding area.
If the SUP is denied by the Community Development Director, the applicant may appeal the decision to the City Council.
Upon receipt of a written objection, the SUP request will be heard by the City Council through a public hearing process. Any written objections received during the 10-day posting must be directly related to the Special Use request. Objections regarding existing land use conditions or issues not related to the request will not be considered a valid reason for objection. A public hearing would also be required upon the appeal by an applicant of a decision by the Community Development Director
City Council Hearing
Fifteen days prior to the hearing the Community Development Department will prepare the sign that must be placed on the property by the applicant informing citizens of the public hearing. The sign must remain in place until 5:00p.m. the day of the hearing. In addition to the sign being posted, the Community Development Department will simultaneously notify property owners within a 600 foot radius of the hearing by certified letter.
At the hearing, a staff report will be presented to the City Council by the case manager. After the staff report is presented, the applicant and members of the audience will be given a chance to give testimony regarding the application. The City Council can approve, approve with conditions, or deny the SUP.
Next Steps
Depending on the nature of your special use approval, you may need to proceed with building permit applications. A decision of approval by the Community Development Director or City Council relates only to the use of the property. There may be other city departments or outside agencies which may need to be addressed once the special use is granted.
Please be aware that this information is only a general overview of the process and submittal requirements for the Special Use Permit Process. There may be additional requirements specific to each case and the overall length of the process can vary greatly depending on the circumstances of the case. As each SUP request is different, the purpose of the aforementioned pre-application meeting is for staff to review conceptual plans and give the applicant more information specific to his or her proposal.
Questions?
Contact the Community Development Department at 303-235-2846.
Review timelines:
Special Use Permits typically take roughly three to six months to process and require Planning Commission and City Council public hearings.
Application Contents:
A special use permit (SUP) is required for approval of a special use in any zone district. The following items represent a complete SUP application:
- Completed land use application form
- Application fee
- Proof of ownership—e.g. deed
- Written authorization from property owner(s) if an agent acts on behalf of the owner(s)
- Mineral rights certification form (if public hearing is required)
- Written request and description of the proposal
- Include a response to the SUP review criteria—these are found in Section 26-114 of the municipal code
Additional information which may be required:
Depending on the size, scope, and complexity of the request additional documents may be required. The submission of these documents will be discussed during the pre-application meeting. This includes, but is not limited to, the following documents (Adobe .pdf file is required):
- Site plan application—required if new development is proposed with the SUP
- Proposed building elevations
- Trip generation letter or traffic study
- Drainage report
Applicants must ensure that all of the above requirements have been included with submittal. If any items listed on this checklist have been excluded, the documents will NOT be distributed for City review. In the event that any revisions need to be made after the second full review, applicable resubmittal fees shall apply.
Review Criteria: Special Use Permit (SUP)
A special use permit (SUP) is required for approval of a special use in any zone district. Per Section 26‑114 of the Wheat Ridge Municipal Code, the Community Development Director or City Council shall base its decision to approve, approve with conditions, or deny an SUP application in consideration of the following criteria:
- The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood.
- The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics.
- The special use will not create adverse impacts greater than allowed under existing zoning for the property.
- The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site.
- The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties.
- The special use will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services.
- There is a history of compliance by the applicant and/or property owner with Code requirements and prior conditions, if any, regarding the subject property.
- The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual.
- The proposed special use promotes goals and outcomes from applicable portions of the City’s comprehensive plan and any subarea plan applicable to the subject property.