Conditional Use Permits
Overview
Conditional uses may only be granted in the Mixed Use Zone Districts. Each Mixed Use Zone District lists permitted uses and conditional uses. Permitted uses are allowed uses "by right." Conditional uses are land uses that may or may not be compatible with the surrounding area and require additional review of the proposed use and site design to ensure that there will be minimal impact.
The Process
The Conditional Use Permit (CUP) process is the process by which a proposed conditional use is reviewed and approved. Factors under consideration for review of a conditional use include the design of the property, the operation of the use, and likely impacts on adjacent properties. Review of a proposed conditional use will include review of a site plan. If a CUP is approved, it can be vested with the land in perpetuity, can be granted only to the applicant, or can be granted for a specific period of time.
Conditional Use Permit applications are reviewed administratively. This means that no public hearings before City Council or Planning Commission are required.
Pre-Application Meeting
Prior to application for a CUP, 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 conditional use permit process and requirements. There is a $200 fee for the pre-application meeting.
Submittal
After the pre-application meeting, a formal application may be submitted. Please refer to the CUP 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 CUP 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 application may be required as a result of these comments.
Administrative Approval
Once all comments and requirements have been met, the case manager will prepare a staff report for review by the Community Development Director. The Director can approve, approve with conditions, or deny the CUP. Conditions of approval may be placed on the CUP to ensure that the use will have a minimal impact on the surrounding area. The Director will evaluate each application based on the following criteria:
- The compatibility of the proposed use with the Comprehensive Plan;
- The compatibility of the proposed use with existing and proposed adjacent uses, in terms of scale, site design, and operating characteristics (including traffic generation, lighting, noise, and hours of operation);
- The ability to mitigate adverse and undesirable impacts to the surrounding area, including but not limited to visual impacts, air emissions, noise, vibrations, glare, heat, odors, water pollution, and other nuisance effects;
- Amount of traffic generated and capacity and design of roadways to handle anticipated traffic;
- The incorporation and integration of architectural and landscape features to mitigate impacts from the proposed use.
A decision by the Community Development Director to deny a conditional use permit application, or any conditions imposed by the Community Development Director, may be appealed by the applicant to the Board of Adjustment. Applications that go to the Board of Adjustment will be subject to an additional processing and public notification fee.
Time limit: a certificate of occupancy for development of the conditional use must be issued within three years of the date of the approval or the Conditional Use Permit shall expire.
Next Steps
A decision of approval by the Community Development Director only relates to the use of the property. There may be other city departments or outside agencies with issues that will still need to be addressed. It is also possible that a building permit will be required if there are renovations or new construction associated with the conditional use.
Please be aware that this information is only a general overview of the process and submittal requirements. 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 CUP request is different, the purpose of the aforementioned pre-application meeting is for staff to review the 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:
Conditional Use Permits typically take roughly three to six months to process and are reviewed administratively.
Application Contents:
A conditional use permit (CUP) is associated with conditional uses in mixed use zone districts. The following items represent a complete CUP 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)
- Written request and description of the proposal
- Include a response to the CUP review criteria—these are found in Section 26-1118 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 CUP
- 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.
A conditional use permit (CUP) is associated with conditional uses in mixed use zone districts.
Per Section 26-1118 of the Wheat Ridge Municipal Code, the Community Development Director shall base his or her decision to approve, approve with conditions, or deny a CUP application in consideration of the following criteria:
- The compatibility of the proposed use with the Comprehensive Plan;
- The compatibility of the proposed use with existing and proposed adjacent uses, in terms of scale, site design, and operating characteristics (including traffic generation, lighting, noise, and hours of operation);
- The ability to mitigate adverse and undesirable impacts to the surrounding area, including but not limited to visual impacts, air emissions, noise, vibrations, glare, heat, odors, water pollution, and other nuisance effects;
- Amount of traffic generated and capacity and design of roadways to handle anticipated traffic;
- The incorporation and integration of architectural and landscape features to mitigate impacts from the proposed use.