Boulder City Zoning Code
AMENDMENTS TO
THE BOULDER TOWN GENERAL PLAN AND ZONING ORDINANCE
§ 153.070 AMENDMENTS TO TOWN’S GENERAL PLAN.
(A) A proposed amendment to the Town General Plan may be initiated by any property owner, any person resident of the town, any business owner, the Council, Commission or BOA by filing an application for a General Plan amendment.
(B) An application for an amendment to the General Plan may be filed with the town on the applicable application form.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 401)
§ 153.071 PROCEDURES FOR AMENDING THE TOWN’S GENERAL PLAN.
(A) Commission public hearing required. Prior to recommending the adoption, rejection or revision of any General Plan amendment, the Commission shall hold a public hearing in accordance with the procedures of this chapter and the Act.
(B) Commission recommendation transmitted to Council. After the Commission has reviewed the application and made its recommendation, the Commission shall transmit to the Council a copy of the Commission’s recommendation and the transcripts and/or minutes, and all other relevant materials of the proceedings before the Commission. Following receipt of a copy of the General Plan amendment recommendation from the Commission, and all other materials, the Council shall schedule a public hearing to consider the Commission recommendation for the proposed General Plan amendment.
(C) Council public hearing required. The Council shall consider the General Plan amendment recommendation of the Commission at a public hearing pursuant to the procedures established by this chapter and the Act.
(D) Council action. Following the public hearing, the Council may approve the amendment, revise the proposed amendment and approve the proposed amendment as revised, or reject the proposed amendment. If the Council approves the proposed amendment as submitted or as revised, the Council shall adopt the General Plan amendment by ordinance.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 402)
§ 153.072 CRITERIA FOR APPROVAL OF GENERAL PLAN AMENDMENTS.
In considering a proposed amendment to the Town General Plan, the application shall identify, and the Commission and Council shall consider the following factors, among others:
(A) The effect of the proposed amendment on the character of the surrounding area;
(B) Compatibility of the proposed uses with nearby and adjoining properties;
(C) The suitability of the properties for the uses requested;
(D) The effect of the proposed amendment on the existing goals, objectives and policies of the General Plan, and listing any revisions to this chapter, Ch. 152 of this code of ordinances and any other ordinances required to implement the amendment; and
(E) The community benefit of the proposed amendment.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 403)
§ 153.073 EFFECT OF GENERAL PLAN AMENDMENT; CONSISTENCY REQUIRED.
(A) A General Plan amendment shall not authorize the development of land.
(B) After a General Plan amendment has been approved by the Council, no development shall occur until the required permits and licenses have been issued by the town consistent with the applicable provisions of this chapter, Ch. 152 of this code of ordinances, the Building Codes as adopted by the town and all other ordinances.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 404)
§ 153.074 AMENDMENTS TO THIS CHAPTER, INCLUDING THE ZONING DISTRICTS MAP.
(A) Application. A proposed amendment to this chapter, including the zoning districts map, may be initiated by any property owner, any person residing in the town, any business owner, the Council, Commission or BOA by filing an application for chapter amendment.
(B) Submission. An application for an amendment to this chapter, including the zoning districts map, shall be filed with the town on the applicable application form.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 405)
§ 153.075 PROCEDURES FOR AMENDING THIS CHAPTER AND ZONING DISTRICTS MAP AMENDMENTS (REZONES).
(A) Commission public hearing required. Prior to recommending the adoption, rejection or revision of any zoning ordinance amendment, including zoning map amendments (rezones), the Commission shall hold a public hearing in accordance with the procedures of this chapter and the Act.
(B) Commission recommendation. At a regular meeting, the Commission shall consider and formulate a recommendation to the Council on the proposed zoning ordinance amendment, including zoning map amendments (rezones).
(C) Commission recommendation transmitted to Council.
(1) After the Commission has reviewed the application and made its recommendation, the Commission shall transmit to the Council a copy of the Commission’s recommendation and the transcripts and/or minutes, and all other relevant materials of the proceedings before the Commission.
(2) Following receipt of a copy of the zoning ordinance amendment or zoning map amendment recommendation from the Commission, and all other materials, the Council shall schedule a public hearing to consider the Commission recommendation for the proposed amendment.
(D) Council public hearing required. The Council shall consider zoning ordinance and zoning map amendment recommendations of the Commission at a public hearing pursuant to the procedures established by this chapter and the Act.
(E) Council action.
(1) Following the public hearing, the Council may approve the amendment, revise the proposed amendment and approve the proposed amendment as revised, or reject the proposed amendment.
(2) If the Council approves the proposed amendment as submitted or as revised, the Council shall adopt the zoning ordinance and zoning map amendment by ordinance.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 406)
§ 153.076 CRITERIA FOR APPROVAL OF A ZONING ORDINANCE AND/OR ZONING DISTRICTS MAP AMENDMENT.
(A) No amendment to the zoning ordinance or zoning districts map (rezone) may be recommended by the Commission, nor approved by the Council, unless such amendment is found to be consistent with the General Plan.
(B) In considering a zoning ordinance or zoning districts map amendment, the Commission and the Council shall consider the following factors, among others:
(1) The effect of the proposed amendment on the character of the surrounding area;
(2) The compatibility of the proposed uses with nearby and adjoining properties;
(3) The suitability of the properties for the uses requested; and
(4) The overall community benefit of the proposed amendment.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 407)
§ 153.077 EFFECT OF AN AMENDMENT TO CHAPTER AND ZONING DISTRICTS MAP.
(A) An amendment to the zoning ordinance and zoning districts map (rezone) shall not authorize the development of land.
(B) After an amendment has been approved by the Council, no development shall occur until the required development permits and licenses have been issued by the town consistent with the applicable provisions of this chapter, Ch. 152 of this code of ordinances, the Building Codes as adopted by the town and all other ordinances.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 408; Ord. 2023-1, passed 12-7-2023)