17.140.070 Appeal from County Zoning Administrator.

17.140.070 Establishment of Special Uses: Administrative Reviews.

   A. The staff of the Pueblo County Department of Planning and Development shall conduct an administrative review of all Special Use Permits within one (1) year from the date of approval of such Special Use Permit. The administrative review shall be set forth in writing and shall advise the Planning Commission of staff's determinations as to whether or not the use has been established and, if so, if it has been established in conformance with any conditions placed upon the approval. Staff may modify or change the conditions of approval where such conditions have been satisfied or, due to the passage of time and the happening of circumstances, are no longer applicable. Any such change or modification may be reviewed and changed or eliminated by the Planning Commission conducting an administrative review. If the use has not been established, staff shall so advise the Planning Commission, but shall also advise whether the applicant is proceeding with due diligence in establishing the use in accordance with the conditions placed upon the Special Use Permit approval.
   B. Upon receipt of the administrative review conducted by staff, the Planning Commission may receive the report on the record at a Public Meeting and give staff such direction as it, in its sole discretion, deems necessary. Alternatively, if the Planning Commission, in its discretion, determines that the applicant is not proceeding with due diligence to establish the Special Use Permit in accordance with the conditions placed on the approval, then it may direct staff to so advise the applicant of its concerns and, further, to schedule a hearing pursuant to notice in accordance with this Chapter ordering the applicant to show cause why the Special Use Permit should not be revoked for a failure to establish the use or to proceed with due diligence in establishing the use in accordance with the conditions placed on the approval.
   C. A Special Use Permit may, after a public hearing conducted pursuant to notice, be revoked if:
   1. In the judgment of the Planning Commission the applicant has failed to establish the use or has failed to proceed with due diligence in establishing the use, in accordance with the conditions placed on the approval; or
   2. If the use was established but has been discontinued. In no event shall a previously granted Special Use Permit be revoked prior to the expiration of one year from the date of its original grant.
   D. Notwithstanding the provisions of the preceding paragraphs of this Chapter, a special use which has not been established or which has been established but thereafter discontinued for a period of five (5) or more years shall be deemed abandoned and, thereafter, upon the request of staff, the Planning Commission, acting in its administrative capacity, may issue a Declaration of Abandonment of the Special Use Permit or the Planning Commission may, in its discretion, continue the Special Use Permit for an additional period certain.