2-40-20 Special Review Use

1. Commencement of Operation
   • Approved special review uses shall begin within three (3) years following the date of approval of the development permit, unless a longer period is specified, or the approval shall become null and void.
2. Special Review Use
   • The decision-making body may approve a special review use subject to a limited time period during which a use may operate.
3. Submission of Annual Reports
   • The decision-making body may require any person operating pursuant to a special review use approval to submit a statement to the Community Development Director attesting to the continued conformance of the use to the conditions of the approval. The report shall be submitted at least forty-five (45) days prior to each anniversary of the initial approval.
4. Review of Annual Reports
   • If, after reviewing the statement, inspecting the site and considering any other relevant materials, the Community Development Director determines that the use is in conformance with the provisions of the Special Review Use approval, the use may continue pursuant to the provisions of the approval. If the Community Development Director determines that the use is not in conformance with the provisions of the Special Review Use approval, the Community Development Director may recommend to the original review authority that it consider withdrawal of such approval. Failure of any person operating a use under a Special Review Use approval to submit such a statement within the period specified above shall be considered a violation of the provisions of the special review approval and may be sufficient cause for withdrawal of the approval.
5. Approval Withdrawal Procedure
   • The decision-making body shall consider and act on approval withdrawal after a public hearing. Notice of the public hearing shall be mailed to the applicant and published in a newspaper of general circulation in the County not later than thirty (30) days prior to the hearing. The notice shall state the time, location and subject matter of the hearing.
6. Approval Expiration
   • Any Special Review Use approval shall expire after any continuous twelve (12) month period of non-use. Any unfulfilled obligations of the approval shall continue to be binding after expiration of the approval.

(d) Additional Special Review Procedure for Mineral and Gravel Extraction

In addition to the procedures identified in subsections (a) through (c) above, the procedures in this section apply to the review of requests for development permits for mineral and gravel extraction. Refer to Sec. 4-30-20(g) for special review standards. In the event of a conflict between the provisions of this subsection (d) and the provisions of subsections (a) through (c) above or Sec. 2-30-40, these provisions shall govern.

1. Initial Short-Term Permit
   • The Board may issue an initial, short-term trial permit for a time period not to exceed five (5) years from the date of issuance for mineral exploration, mining, sand and gravel pits, rock crushers, concrete batch plants and asphalt hot mix plants, oil and gas drilling, surface mining and open pit mining, subject to the standards in Sec. 4-30-20(g).
2. Conversion to Long-Term Permit
   • Prior to the expiration of the initial, short-term permit, but not longer than one (1) year before such permit expiration, the permittee may submit an application pursuant to the standards in Sec. 4-30-20(g)(13) to convert the short-term permit to a long-term permit. Upon expiration of the initial short-term permit, and after a duly noticed public hearing, a long-term permit may be issued to be in full force for a period of time specified by the Board.
3. Extension of Long-term Permit
   • Upon the expiration of the initial, short-term permit, if an operator/permittee requests a time extension or modification of a permit, the Board shall hold a duly noticed public hearing to consider whether a new application is necessary. If the Board determines a new application is necessary, the operator shall prepare a completely new application pursuant to this Land Use Code. The Board shall hold a second duly noticed public hearing to consider either the new application or modifications, and requests for extensions to the initial, short-term permit.
4. Annual Report
   • At least once each year, on the date set forth in any special review approval, or if such approval does not specify a time then before the last day of the month when the approval was granted, the operator/permittee shall file a written report with the Community Development Director demonstrating compliance or non-compliance with permit conditions and other provisions of this Land Use Code.
5. Annual Public Hearing
   • The Community Development Department shall review the operator/permittee's annual written report to determine compliance with the permit and prepare a report for the Board of County Commissioners. The Board shall review the report and determine whether the information in the report or other factors regarding the operation or status of the operations on the site require that a public hearing be held. If the Board determines that a public hearing is required, the date, time and location of the public hearing will be established pursuant to Sec. 2-20-110.
6. Action by Board
   • Based upon the annual hearing, the Board shall have the power upon good cause being shown:
     • (a) To modify the permit to require certain corrective measures to be taken or to direct the County staff or its agents to enter upon the premises and to take necessary corrective measures.
     • (b) To impose new or additional conditions, standards or restrictions to address environmental concerns required by considerations of public health, safety and welfare, or to achieve the objectives and purposes of the original permit or to bring the permit into compliance with other laws or regulations or uses of the site; the cost to be assessed against the operator/permittee and his sureties.
7. Permit Enforcement

• (a) Violation Notice
  • Whenever the Board has reason to believe that there has occurred a violation of the permit, written notice shall be given to the operator of the alleged violation. Such notice shall be served personally or by certified mail, return receipt requested, upon the alleged violator or his agent for service of process. If served by mail, any such notice shall be deemed to be effective three (3) days after deposit in the United States Mail, sufficient postage prepaid. The notice shall state the portion of the permits alleged to be violated and a summary of the facts alleged to constitute the violation, and may include the nature of any corrective action required.

• (b) Order to Cease Operations
  • In the event the County determines that the operator/permittee is not acting in compliance with applicable permit conditions and immediate action is necessary, the County shall require the operator/permittee to cease operations within twenty-four (24) hours after delivery of written notice to such effect, for a period not exceeding thirty (30) days, during which time a hearing shall be held as specified in these regulations.
• (c) Rights of the Public
  • Any member of the public who is aggrieved by a failure of the operator/permittee to comply with the terms and conditions of the applicable permit shall have standing to enforce the conditions of the permit by reporting any alleged violation to the County and requesting a hearing thereon in accordance with the requirements of this section.
• (d) Violation Hearing
  • The Board may, upon the request of the permittee, any interested party, or on its own motion, hold a hearing to determine the nature and extent of any alleged violation and shall have the power, upon good cause being shown, to revoke, suspend, or modify the permit to require certain corrective measures to be taken, or to direct the County or its agents to enter upon the premises and to take corrective measures required by the Board. The cost shall be assessed against the operator and his sureties. The hearing shall be held no sooner than ten (10) days and no later than thirty (30) days after the issuance of any notice of violation, unless a different date is specified by the Board for good cause.

• (e) Permit Revocation
  • In the event any operator fails to comply with any order of the Board issued after hearing, the Board may revoke the permit and request the County Attorney to bring suit for a temporary restraining order, a preliminary injunction or a permanent injunction to prevent any further or continued violation of such order. The Board may also seek such penalties or other relief as are provided by statute or this Land Use Code for any such violation. Suits pursuant to this Sec. 2-40-20(d) shall be brought in the District Court for Pitkin County.
• (f) Conditions on Revocation
  • In the event that a permit is revoked the Board may specify that neither the permittee nor a successor for the same site may re-apply to the Board for a mineral exploration and mining permit for up to one (1) year after the date of revocation or the date all permit improvements and inventory were actually removed and all operations actually ceased, whichever date occurs last. If the Board suspends or revokes a permit of an operator, the operator may continue previously permitted operations only for the purpose of bringing the previously permitted operation into satisfactory compliance with the provisions of the operator's County permit, or to carry out reclamation requirements of the State of Colorado.
• (g) Reinstatement of Permit
  • The Board may reinstate the permit of the operator upon compliance with the terms of the suspension or on such later date as the Board of County Commissioners may deem appropriate.

(e) Additional Special Review Procedures for Oil and Gas Extraction

1. At the request of either the operator, surface owner, or any other landowner receiving notice pursuant to Sec. 2-20-100, the Community Development Department will conduct a public site visit with all interested parties to evaluate locations, compliance with this Land Use Code and mitigation that may be required pursuant to this Land Use Code. When possible this site visit will be coordinated with site visits required by the Oil and Gas Conservation Commission rules.
2. Oil and gas facilities shall also be reviewed for general consistency with the standards and policies set forth in the following documents: (i) this Land Use Code; (ii) the Pitkin County Comprehensive Plan; (iii) Pitkin County road and drainage design specifications and standards according to the County Asset Management Plan; (iv) plans and regulations of municipalities in the county or adjacent counties, if applicable; and (v) other applicable local, county, state and federal plans, policies and regulations.
3. If the Oil and Gas Conservation Commission spacing rules require a well to be located contrary to the location as required by these regulations, the applicant shall apply for a variance with the Oil and Gas Conservation Commission to meet the County's well location requirements. If such a variance is not granted, the location as required by these regulations shall be complied with to the maximum extent possible. The Community Development Director may impose additional mitigation measures as necessary to protect the public health, safety, and welfare when the well is not located as required by these regulations.

(f) Additional Special Review Procedures for Caretaker Dwelling Units

1. The Community Development Director may grant special review approval for a caretaker dwelling unit subject to the following procedures:
   • The community development department shall post notice and provide mailed notice to the property owners adjacent to the site of the lot or parcel for which a caretaker dwelling unit is proposed. the notices shall contain the information required by sec. 2-20-100 and shall state that the community development department will accept comments or objections regarding the application until a date at least two (2) weeks following the postmarked date of the mailed notice. The notice shall further state that if no objections are received by that date, the community development department shall make a decision on the application pursuant to this land use code.
2. If no objections to the application are received by the date stated in the notice, the community development department shall document the fact that no objections were received and shall make a decision on the application pursuant to this land use code.
3. If any objections to the application are received by the date stated in the notice, the community development department shall continue the application to a public hearing before the board of county commissioners.