Whenever the public necessity, convenience, general welfare or good zoning practice justifies such action, and after consideration by the Planning Commission, the City Council may change the zone or the regulations established by the ordinance codified in this Chapter, after public hearing as provided in this Article.

(Ord. 735 §1, 2009)

Application for any amendment, supplement or change to any zoning district, as shown on the City zoning map, may be made at regularly scheduled meetings by the City Council, the Planning Commission or the property owner or the property owner's duly authorized representative.

(Ord. 735 §1, 2009)

Applications for any such amendments, supplements or changes shall contain the following information and shall provide such additional information and materials as specified in this Chapter:

(1)

Submittal requirements. An application for a rezoning for a specific tract of land shall be submitted to the Community Development Director and shall include the following:

a.

Application form. Completion of an application form supplied by the Community Development Director, including all supplemental information required by the form.

b.

Fees. The application shall be accompanied by an application fee in an amount as established by the City Council from time to time. Additionally, the applicant shall be required to execute a cost agreement to defray the City's actual costs for planning, engineering, legal and other costs incurred by the City in connection with the application.

(2)

An accurate legal description of the property included in the application.

(3)

The name and address of all persons having any legal or equitable interest in the property to be zoned or rezoned.

(4)

The location of the property with reference to streets and addresses, if any.

(5)

Present zoning, if any.

(6)

The requested zoning or rezoning.

(7)

A statement of the reasons for requesting the zoning or rezoning.

(Ord. 735 §1, 2009; Ord. No. 844, § 1, 4-9-2018)

All matters relating to the zoning and rezoning of property within the corporate limits shall be deemed quasi-judicial in nature except amendments, supplements or changes that are generally applicable in effect, terms or context, which shall be deemed legislative in character and not quasi-judicial.

(Ord. 735 §1, 2009)

All public hearings shall be conducted in accordance with procedures designed to ensure all interested parties due process of law and shall, in all cases, provide for the following:

(1)

The Planning Commission shall provide to the City Council a recommendation on the application. A public hearing before the Planning Commission shall be held prior to submitting its recommendation or report. The City Council shall then hold a public hearing on the application.

(2)

Notices of the time, place and subject matter of the hearing shall be provided in accordance with Section 16-14.5 of this Chapter.

(Ord. 735 §1, 2009; Ord. 937, §14, 2023)

The burden of proof is on the applicant to demonstrate that his or her application meets the criteria set forth in this Section. Zoning and rezoning applications shall be granted only if the following criteria, to the extent applicable, have been met:

(1)

Granting the request is in the public interest; the greater the departure from present land use patterns, the greater the burden of the applicant.

(2)

The public interest is best served by granting the application for zoning or rezoning, and further that such public interest is best served by granting the application at the time of the hearing.

(3)

The proposed action fully accords with the applicable goals and policies of the Comprehensive Plan or other applicable goals and policies of the Planning Commission and City Council.

(4)

The factors listed in Section 31-23-303, C.R.S., were consciously considered. These factors include: to lessen congestion in the streets; to secure safety from fire, panic, floodwaters and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements. Other factors include reasonable consideration, among other things, as to the character of the area and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City.

(5)

There has been a change in the neighborhood or community or a mistake in the planning or zoning of the land, and, as presently zoned, it is inconsistent with the applicable goals and policies of the community development plan or it is in the public interest to encourage redevelopment of the area.

(Ord. 735 §1, 2009)

(a)

Within sixty (60) days after filing a complete application and any required materials, notice shall be provided and the Planning Commission shall hold a public hearing unless the applicant requests or consents to a longer period of time. Upon completion of the hearing, the Planning Commission shall, after Commission discussion, vote on the matter.

(b)

The Planning Commission may vote to recommend either approval, approval with modifications or denial of the application. If the Planning Commission approves an application with modifications, the applicant shall make such modifications to the required text, maps, studies, etc., before the Planning Commission chairman shall sign any necessary approval blocks.

(Ord. 735 §1, 2009)

The findings of fact and conclusions and recommendations of the Planning Commission, responses to referrals and recommendations of Planning staff shall be submitted to the City Clerk immediately after the final decision of the Planning Commission and shall become a part of the record of the case before the City Council hearing. The same shall be considered to be a public record and available in the office of the City Clerk for examination by any person from the time of filing during regular business hours, including the members of the City Council.

(Ord. 735 §1, 2009)

No later than sixty (60) days after recommendation of the Planning Commission, notice shall be provided and the City Council shall hold a public hearing. If the recommendation of the Planning Commission is to approve or grant the proposed zoning or rezoning, the City Clerk shall place an ordinance embodying the proposed rezoning on the agenda of a meeting of the City Council.

(Ord. 735 §1, 2009)

(a)

Upon completion of the hearing, the City Council shall, after discussion, vote on the matter.

(b)

The City Council shall vote to approve, approve with modifications or deny the application. If the City Council approves an application with modifications, the applicant shall make such modifications to the required text, maps, studies, etc., before the Mayor shall sign any necessary approval blocks.

(Ord. 735 §1, 2009)