Uses permitted by special review may be allowed in the designated districts upon approval by the city council following recommendations by the land use review commission. (Ord. 149 Art. 17(part), 1973; Ord. 1111 §19, 1995)

All requests for a use permitted by special review shall be submitted in writing to the secretary of the land use review commission meeting and shall include an application fee of $500.00. (Ord. 149 Art. 17 §1(1), 1973; Ord. 1111 §20, 1995; Ord. 1692 §1, 2002)

(A) The application shall contain a site plan showing, when applicable, the location of the building, off-street parking areas, off-street loading areas, service and refuse areas, ingress and egress to the property; major landscaping or other screening proposals, signs, pedestrian areas, a time schedule for development, and any other items which may help the land use review commission to make a reasonable recommendation.

(B) The application for uses permitted by special review for oil or gas wells or for injection wells shall follow the application requirements set forth in chapter 17-54.

(C) The application for uses permitted by special review for wireless communications towers shall follow the application requirements set forth in chapter 17-35, B.M.C. (Ord. 149 Art. 17 §1(2), 1973; Ord. 750 §4, 1987; Ord. 967 §2, 1993; Ord. 1026 §3, 1994; Ord. 1111 §21, 1995; Ord. 1194 §8, 1996; Ord. 1514 §9, 2000)

The land use review commission shall hold a public hearing on the request. Notice shall be given in accordance with the provisions of chapter 17-52.

(A) Except for oil and gas wells or injection wells, factors to be considered are the relation of the requested uses to the character of the surrounding neighborhood, the desirability and need for such a use in the specific area of the community, adverse environmental influence that might result from its location, and, in general, compliance with the intent of this title.

(B) For oil and gas wells or injection wells, the review criteria shall be the factors set forth in section 17-54-080. (Ord. 516 §6, 1983; Ord. 967 §3, 1993; Ord. 1111 §22, 1995)

After completing its review of a special review request, the land use review commission shall submit its written report and recommendation to the city council. The recommendation shall either be a recommendation to approve, to approve with conditions, or to deny the request. If the recommendation is to approve with conditions, the recommendation shall set forth the conditions and those requirements as deemed necessary to protect the health, safety, and welfare of the community. (Ord. 149 Art. 17 §1(4), 1973; Ord. 1147 §2, 1995)

The city council shall consider the request and the land use review commission's recommendation and shall make a final decision of approval, or approval with conditions, or of denial. Factors to be considered are those specified in section 17-30-040. The city council shall hold a public hearing prior to making its final decision. Notice shall be given in accordance with chapter 17-52. (Ord. 516 §7, 1983; Ord. 1111 §23, 1995)

Any decision of the land use review commission or city council on special reviews shall state in the official minutes the reasons for such decision. (Ord. 149 Art. 17 §1(6), 1973; Ord. 1111 §24, 1995)

All special review requests approved by city council prior to January 1, 1988, shall be valid for one year from the approval date. All special review requests approved by city council after January 1, 1988, shall be valid for three years from the approval date. If the approved use is in operation by the end of the specified period, the approval shall remain valid so long as the use continues. If the approved use is not in operation at the end of the specified period, or if it thereafter ceases, the approval shall be deemed void and of no further force and effect, and no building or other construction permits shall be issued until and unless the special review request is reapproved by the city council. (Ord. 750 §6, 1987)

The following additional requirements or considerations for uses permitted by special review shall be met as described in this section. Conditions in addition to those set forth below may also be applied by the city council:

(A) Churches in the E-2 district, provided that the minimum area of the lot is at least three times the total floor area of the church building.

(B) Child day care facilities; provided that:

(1) For child day care facilities providing care for five through twelve children: a) at least fifty square feet per child of usable indoor floor area; and b) at least 200 square feet per child or 1,500 square feet of outdoor fenced play area is provided, whichever is greater.

(2) For child day care facilities providing care for thirteen or more children: a) a minimum of thirty square feet per child or 600 square feet of usable indoor floor area, whichever is greater, and a minimum of fifty square feet of usable indoor floor area per child for nursery care; and b) a minimum of seventy-five square feet per child or 2,400 square feet of outdoor fenced play area, whichever is greater.

(3) The child day care facilities are properly licensed by the Colorado State Department of Social Services, as required by statute.

(C) Noncommercial recreational uses, including swimming pools, community buildings, tennis courts, and similar uses as a principal use in the E-1, E-2, R-1, R-3, and R-5 districts; provided that lighting of outside areas is controlled and that all buildings and active play areas are located at least 225 feet from all lot lines.

(D) Planned unit developments if the requirements, procedures, and approvals of chapter 17-38 are met.

(E) Colleges and universities in the R-5 district; provided that the total area is at least forty acres and that buildings are located at least one hundred feet from all lot lines.

(F) Mobile home communities in the R-1, R-3, and R-5 districts; provided that each mobile home community complies with the requirements of chapter 17-42.

(G) All gas stations, outdoor recreational uses, outdoor restaurants, and other outdoor eating and drinking places in the B-1 and B-2 districts, provided that:

(1) Access locations are approved by the city engineer;

(2) Lights and signs are controlled to protect adjacent residential areas;

(3) Landscaping or solid fencing capable of screening the adjacent property is provided whenever such uses abut residential zoning district lines.

(H) Undertaking establishments in the B-1 district; provided that special provisions are made for off-street parking and for screening from any adjoining residential zoning district.

(I) Warehouse, distribution, and wholesale uses in the I-1 district; provided that truck traffic serving such uses would not be detrimental or hazardous to other existing or future limited industrial uses in the same zoning district or to uses in other adjoining zoning districts. (Ord. 149 Art. 17 §2, 1973; Ord. 257 Art. 1 §5, 1975)