A.

Initiation of amendments to text or official zoning map. The Board may from time to time, amend, supplement, change or repeal the regulations and provisions of this Section. Amendments to the text of this Code may be initiated by the Board, Town Staff or the Planning Commission. Amendments to the zoning district map may be initiated by the Board, Town Staff, Planning Commission, or by a real property owner in the area to be included within the proposed amendment.

B.

General rezoning of the Town. Whenever the zoning district map is in any way to be changed or amended incidental to or as part of a general revision of the zoning code, whether such revision be made by repeal of the existing zoning code and enactment of a new zoning code or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change, shall be waived. However, the proposed zoning map shall be available for public inspection in the Town Hall during regular business hours for a minimum of 15 days prior to the public hearing on such amendments.

C.

Zoning amendment application process.

1.

Procedures. The procedures found in Table 3.10 shall be followed.

2.

Zoning amendment application submittal. The applicant shall submit the complete zoning amendment application package to the Town and shall request that the application be reviewed by the Planning Commission and Board. Note: In the case of text amendments, no zoning amendment map is required.

3.

Notice. Notice shall be given in accordance with the public hearing and general notice provisions found in this Chapter.

4.

Post approval actions.

a.

The procedures found in Table 3.10 shall be followed in addition to the post-approval actions included in this Section.

b.

Upon approval of an amendment to the official zoning map by the Board, the Town shall cause an appropriate revision of the official zoning map to be prepared. In the event the zoning amendment was initiated by an interested party, the petitioner shall pay the Town's cost for the preparation of the revision to the official zoning map.

c.

Upon approval of an ordinance amending, changing or repealing part of the text of this Section, the Town shall certify a copy of the ordinance and place it in the official records of the Town and make appropriate supplements to this Section.

d.

The applicant initiating the official zoning map amendment shall have one month after approval of the amendment by the Board to submit to the Town either two original mylar plats or an electronic copy of the approved and fully-executed zoning amendment map for recording, along with the recording fees and all other costs billed by the Town relative to the zoning amendment.

The zoning amendment map shall be prepared by a licensed surveyor or engineer. Inaccurate, incomplete or poorly drawn plans shall be rejected. In addition, the petitioner shall provide the final document in a format acceptable to the Town.

e.

Within 30 days of receipt of an applicant-initiated zoning amendment map, the Town shall review the document(s) for compliance with the Board approval, obtain the Town Officials' signatures and submit the approved zoning amendment map and the ordinance amending the official zoning map to the Larimer or Weld County Clerk and Recorder's Office for recordation.

D.

Criteria for amendments to the official zoning map. For the purpose of establishing and maintaining sound, stable and desirable development within the Town, the Zoning Map shall not be amended except:

1.

To correct a manifest error in an ordinance establishing the zoning for a specific property;

2.

To rezone an area or extend the boundary of an existing district because of changed or changing conditions in a particular area or in the Town generally; or

3.

The land to be rezoned was zoned in error and as presently zoned is inconsistent with the policies and goals of the Town Comprehensive Plan; or

4.

The proposed rezoning is necessary to provide land for a community-related use that was not anticipated at the time of the adoption of the Town Comprehensive Plan, and the rezoning will be consistent with the policies and goals of the Comprehensive Plan; or

5.

The area requested for rezoning has changed or is changing to such a degree that it is in the public interest to encourage development or redevelopment of the area; or

This declaration of criteria for zoning map amendments shall not control an amendment that occurs incidentally to a general revision of the zoning map.

E.

Criteria for text amendments to the zoning code. For the purpose of establishing and maintaining sound, stable and desirable development within the Town, the text of this Section shall not be amended except:

1.

To correct a manifest error in the text of this Section; or

2.

To provide for changes in administrative practices as may be necessary to accommodate changing needs of the community and the Town Staff; or

3.

To accommodate innovations in land use and development practices that were not anticipated at the adoption of this Section; or

4.

To further the implementation of the goals and objectives of the Town Comprehensive Plan.

F.

Map — Amendment upon zoning establishment or modification. Upon enactment of any ordinance annexing and establishing zoning or modifying existing zoning for any property, and after the effective date thereof, the Town shall amend the prior existing official maps to include the annexed area with the proper zoning classification or show the amended classification, as the case may be. Such updated Zoning Map shall contain, in table form, the date and number of the ordinance amending it, the date the Map was amended to reflect each amendment and the initials of the person who checked and approved the change to the map.

G.

PUD Text Amendment to use current Design Standards. It is anticipated that subdivisions previously approved with PUD zoning will seek amendments to those approved PUD documents in order to allow the subdivision to follow Design Standards as identified in Chapter 30, Section 2 of this Code. Text amendments to previously approved Final Development Plans that seek to modify Design Standards in order to conform to Chapter 30, Section 2 of this Code will be processed as an Administrative act of the Town. Any such PUD amendments will be recorded at the respective County Clerk and Recorder.

(Ord. No. 1299, § 1(Exh. A), 12-14-2021; Ord. No. 1326, § 1(Exh. A), 11-28-2023)