EL PASO COUNTY
LAND DEVELOPMENT CODE

Chapter IV - Section 35.8
Uses Permitted by Special Review

1.   No special use petition shall be considered unless the underlying land is located within a particular zone district which permits such proposed special use as set forth within the El Paso County Zoning Regulations. Special uses are specific types of land uses which, due to their intensity, location and potential adverse impacts, require special review for a determination of compatibility with land uses in the surrounding area.

2.   Any petition for a special use shall be submitted in conformance with Sections 3 and 4 of the El Paso County Zoning Regulations.

3.   The petitioner for a special use shall have the burden of: (1) providing all technical reports and information necessary for an adequate evaluation and review of the proposed special use; and (2) demonstrating that the proposed special use will conform to the applicable standards and requirements of the El Paso County Zoning Regulations.

B.   GENERAL REVIEW STANDARDS

Following review and recommendation by the Planning Commission, the Board of County Commissioners may either approve, with or without conditions, or disapprove a petition for a special use. The review and actions of the Planning Commission and the Board of County Commissioners shall be based upon the requirements and standards set forth in the El Paso County Zoning Regulations including, but not limited to, the following:

1.   The proposed special use is:

a.   Consistent with the applicable long-range master plans (comprehensive, area and topical) for El Paso County, and the El Paso County Land Development Guidelines.

b.   Consistent with the intent and purposes of the particular zone district within which the use is proposed to be located. If located within a PUD (Planned Unit Development) District, the proposed special use conforms with the development plan for the PUD.

c.   Will be in harmony with the character of the neighborhood, and compatible with the existing and allowable land uses in the surrounding area.

d.   Will not result in an over-intensive use of land.

e.   Will not require a level of public facilities and services greater than that which is presently available, or that the petitioner demonstrates can be made available in a timely, efficient and adequate manner.

f.   Will not create undue traffic congestion or traffic hazards in the surrounding area, and has adequate, legal access for the type of proposed use.

g.   Will not cause significant air, water, or noise pollution.

h.   Will not be otherwise detrimental to the public health, safety and welfare of the present or future residents of El Paso County.

i.   Conforms or will conform with all applicable federal, state, or other local laws or regulations.

C.   SPECIAL USE APPROVAL

1.   The Board of County Commissioners may impose upon any special use approval such conditions and safeguards as are reasonably necessary to ensure mitigation of negative impacts which could result from the proposed special use, and initial and continued compliance with the requirements and standards of the El Paso County Zoning Regulations. The Board of County Commissioners may require sufficient performance guarantees and security to ensure implementation of and compliance with the conditions and safeguards imposed by the Board.

2.   Special uses shall be subject to the terms and requirements of all applicable development standards and regulations relating to the provision and financing of necessary public facilities and services. Determinations concerning the adequacy and efficiency of the provision of necessary public facilities and services, and the financing of the same, shall be based upon standards and criteria adopted by the Board of County Commissioners and may include a requirement that the petitioner/ holder of a special use agrees, by appropriate written agreement, to contribute a fair and equitable share of the costs of such public facilities and services through the payment of development impact fees, special assessments, participation in a local improvement district or special district, or other similar mechanism for the provision and financing of adequate public facilities and services.

3.   An approved special use shall consist of the Resolution of the Board of County Commissioners approving, with or without stated conditions, the special use, and the approved plot plan, if required. No substantial expansion, enlargement, intensifica-tion or modification of the approved special use shall be permitted by the Board of County Commissioners, except upon a finding following review and public hearings held in accordance with the provisions of Section 2 of the El Paso County Zoning Regulations that the change is consistent with the applicable requirements and standards of the Zoning Regulations.

4.   Unless otherwise specified by the Board of County Commissioners, any land upon which a special use is approved shall be limited to those uses and structures enumerated within the Board's special use approval and/or no more than one (1) principal permitted use contained within the zoning district imposed upon the land.

D.   ANNUAL REPORT/REVIEW HEARINGS

1.   Approved special uses shall be subject to a periodic review by the Development Services Department to determine compliance with all applicable requirements and standards of the El Paso County Zoning Regulations, and the conditions and safeguards imposed upon the special use by the Board of County Commissioners. The initial review shall be not more than one (1) year from the date of the special use approval unless specified otherwise by the Board of County Commissioners. Upon completion of each periodic review, the Development Services Department shall forward its report and any recommendations to the Board of County Commissioners and the holder of the subject special use.

2.   The Board of County Commissioners shall have the power to conduct, after notice, any public hearings necessary concerning any approved special use and its compliance with the applicable requirements and standards of the El Paso County Zoning Regulations, and the conditions and safeguards imposed as a condition of special use approval.

E.   ABANDONMENT

1.   Unless otherwise specified by the Board of County Commissioners, an approved special use shall be deemed abandoned, and of no further force and effect, if the primary intended use and/or activity has not been substantially implemented upon the approved site within two (2) years of the Board of County Commissioners' special use approval, or if implemented, has been discontinued for a period of two (2) consecutive years. For purposes of this provision, a special use shall be deemed discontinued if the primary intended use has not been actively and regularly conducted on the approved special use site.

2.   The allowable period of inactivity or discontinuance used to determine abandonment of a mineral extraction use, only, shall be three (3) years, rather than the two (2) years specified above for all other uses.

3.   Prior to the expiration of the above two (2) year period (three (3) years for mineral extraction uses), a one (1) year time extension may be granted by the Development Services Director, upon written request and for good cause shown.

F.   SUSPENSION/REVOCATION

1.   This Subsection F is in addition to any other remedies and enforcement provisions provided elsewhere in the El Paso County Land Development Code or by law.

2.   The violation of any applicable requirement or standard of the El Paso County Zoning Regulations, or of any condition, safeguard or commitments of record of the approved special use shall constitute sufficient grounds for suspension or revocation of the special use approval by the Board of County Commissioners, after a public hearing at which the holder of the special use shall be afforded the opportunity to be heard.

3.   Notice of the public hearing on the suspension or revocation of a special use shall be given by conspicuously posting the same on the special use site for a period of at least ten (10) days prior to the public hearing, and mailing a copy of the written notice to the holder of the special use and any complaining party at least ten (10) days prior to the public hearing.

4.   In determining whether suspension or revocation is warranted, the Board of County Commissioners shall consider, among other factors, the nature and magnitude of the violations found to exist; the impact of such violations on the health, safety and welfare of adjacent property owners and surrounding com-munities; and any other evidence presented in aggravation or mitigation of the violations committed. No suspension shall be for a longer period than six (6) months.

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