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Broomfield City Zoning Code

CHAPTER 17

48 - Amendments

17-48-010 - Amendments to this title.

Amendments to this title may be accomplished by ordinance adopted in accordance with the requirements of the Charter relating to ordinances.

(Ord. 516 §16, 1983)

17-48-020 - Procedure for rezoning.

(A)

The owner of any property may apply to the land use review commission for rezoning of his or her property. The applicant shall pay an application fee of $650.00 for rezoning ten acres or more of land and $250.00 for rezoning less than ten acres of land.

(B)

The city manager is authorized to apply to the land use review commission for rezoning of any property within the city.

(1)

The city manager shall notify the owner or owners of any property subject to the application for rezoning that a hearing on the rezoning application will be held before the land use review commission and before the city council.

(2)

The city manager's notification to the owner or owners shall set forth the reasons for the rezoning application.

(3)

Notification to the owner or owners by the city manager shall be by personal service or by certified mail not less than thirty days prior to the public hearing before the land use review commission.

(C)

The land use review commission shall hold a public hearing on the application. Notice shall be given in accordance with the provisions of chapter 17-52, B.M.C. Following the hearing, the land use review commission shall make recommendations to the city council concerning the application.

(D)

The city council shall hold a public hearing on the application. Notice shall be given in accordance with the provisions of chapter 17-52. Following the hearing, the city council shall either deny the application or shall approve it by resolution. A resolution may impose conditions on rezoning.

(E)

Prior to any official submittal of a rezoning, the applicant shall hold a neighborhood meeting. Notice for such neighborhood meetings shall be done consistent with section 17-52, B.M.C. The neighborhood meeting provides the applicant and surrounding property owners an opportunity to review preliminary requests. The meeting should solicit input and exchange information about the proposal. The applicant shall record attendance on a sign-in sheet and shall create a summary of the meeting discussion which shall be submitted with the formal application.

(F)

The recommendation of the land use review commission and decision of the city council for rezoning requests shall consider the applicant's proposed rezoning request based upon the following criteria:

(1)

The proposal is in (i) general conformance with applicable land use plans including but not limited to the Broomfield Comprehensive Plan and, sub area plans, or (ii) there has been substantial change in the character of the area to support the rezoning action, or (iii) the official zoning classification is in error.

(2)

The proposal is compatible with existing and allowable land uses in the surrounding area.

(3)

The proposal's effect upon the health, safety, and welfare of the residents and landowners in the surrounding areas.

(4)

The proposal is an opportunity or an appropriate site, at an appropriate location, for the particular type of land use or development proposed and will help the city achieve a balance of land use, tax base, or housing types consistent with the city's overall planning and economic development goals.

(G)

As part of any request to rezone a property to a transit oriented development (TOD) or mixed use zone district, the applicant shall provide the following additional information to be considered with the request:

(1)

Preliminary Utility Report;

(2)

Preliminary Drainage Report; and

(3)

Preliminary Traffic Report.

All reports shall be provided in accordance with the provision of the current version of the City and County of Broomfield Standards and Specifications; provided, that the city engineer may waive the report requirements when such information will not materially aid in the evaluation of the rezoning request.

(Ord. 516 §17, 1983; Ord. 1111 §45, 1995; Ord. 1278 §1, 1997; Ord. 1692 §4, 2002; Ord. 1935 §69, 2011)

(Ord. No. 2138, § 74, 4-6-21; Ord. No. 2232, § 3, 7-23-24; Ord. No. 2222, § 2, 7-30-2024; Ord. No. 2252, § 1, 5-27-2025)

17-48-030 - Reconsideration; time limit.

A proposed rezoning request for a similar classification or area to one already denied by the city council shall not be reconsidered by the city council within twelve months of the date of such city council action. Submission by a different applicant or minor changes in boundaries shall not be adequate reason to circumvent this requirement.

(Ord. 149 Art. 24 §3, 1973)

17-48-040 - Reclassification; development; time limit.

At the time the land use review commission and the city council consider an initial zoning request, a rezoning request, or any amendments to the zoning district map, the applicant shall be advised that the land must be developed in accordance with the designated zoning classification within two years after the date of granting same, and that in the event such development is not completed or substantially commenced within the two-year period, the city may, at its sole and exclusive option, review the zoning classification and initiate proceedings to rezone the land to the classification the land held immediately prior thereto, or to such other zoning classification as may be determined by the city council.

(Ord. 149 Art. 24 §4, 1973; Ord. 1111 §46, 1995; Ord. 1935 §70, 2011)

(Ord. No. 2138, § 75, 4-6-21)

17-48-050 - Floodplain district; authority.

The city council may alter, supplement, or change the flood regulatory, floodway, and flood storage district boundaries consistent with the provisions of this title.

(Ord. 149 Art. 24 §5, 1973; Ord. 248, Art 4 §5, 1975)