(a)

The City Council may, from time to time, rezone any property on its own action or on petition after public notice and hearings as are provided in Sections 16-25-40 through 16-25-70 below. A Site Development Plan (SDP) application consistent with Article 16 of Chapter 16 of this Code shall be submitted whenever a petition for rezoning is filed. The SDP application and rezoning petition shall each be subject to its respective review process and criteria. The City Council may, in its sole discretion, combine the public hearings to be held before it on a rezoning petition and on an SDP application concerning the same property.

(b)

Whenever development plans of any area are submitted to the City Council as the basis for requesting any rezoning and the City Council grants the request, the City Council shall have the power to enforce development of said area in accordance with said plans and exclude development of any other uses that may otherwise be permitted in said area as a result of said zoning.

(c)

A rezoning petition shall be in writing, and shall include the following:

(1)

Land development application form;

(2)

One (1) set of stamped envelopes addressed to the owners of all properties within one hundred (100) feet of the subject property;

(3)

Survey of the property;

(4)

Project narrative addressing the nature of the application and how the project meets evaluation criteria; and

(5)

Any other information as determined necessary by the City Manager for proper review and evaluation of the application.

(d)

The City Council may, from time to time, amend, supplement, change, modify or repeal any other provision of this Chapter in the same manner as provided for any other ordinance; provided, however, that, prior to any such amendment, supplementation, change, modification or repeal, the Planning Commission shall review the proposed legislation and make written recommendation on the same to the City Council.

(Prior code 23-441; Ord. 07-09 §5; Ord. 21-09 §3, 2009; Ord. 10-14 §8, 2014; Ord. 2020-20 §7, 2020)

Whenever the owners of fifty percent (50%) or more of the area of the property in any district which is to be affected present a petition duly signed and acknowledged to the City Council proposing a rezoning of such property, it shall be the duty of the City Council to vote upon such petition in compliance with the procedures established in Sections 16-25-40 through 16-25-70.

(Prior code 23-442; Ord. 12-08 §1, 2008; Ord. 10-14 §8, 2014)

(a)

The procedures in Sections 16-25-40 through 16-25-70 shall be followed to effect any proposal for:

(1)

A rezoning of property; or

(2)

The initial zoning of any property which is annexed to the City.

(b)

Rezoning criteria. For the purpose of establishing and maintaining sound, stable and desirable development within the City, an applicant for rezoning shall establish that at least one (1) of the following criteria is met:

(1)

The land to be rezoned was initially zoned in error or the rezoning is of a technical or corrective nature in order to conform zone district boundaries with lot lines;

(2)

Because of changed or changing conditions in a particular area or in the City generally, it is in the public interest and reasonably necessary in promotion of the public health, safety or welfare to rezone a property to encourage development or redevelopment;

(3)

The rezoning is necessary to conform to the Comprehensive Plan; or

(4)

The rezoning is necessary to provide land for a community-related use that was not anticipated at the time of adoption of the Comprehensive Plan, but which use is generally consistent with the policies and goals of said plan, is in the public interest and is reasonably necessary in promotion of the public health, safety or welfare.

(Prior code 23-443; Ord. 07-09 §§ 6, 7 2009; Ord. 07-09 §§6, 7, 2009; Ord. 10-14 §8, 2014)

(a)

At least fifteen (15) days prior to each hearing, the City Clerk shall notify the applicant in writing of the time and place of the public hearing.

(b)

At least fifteen (15) days prior to each hearing, the City Clerk shall mail notice of the hearing, including the date, time and place of the hearing, to property owners within one hundred (100) feet of the property.

(c)

At least ten (10) days prior to each hearing, the City shall post notice of the hearing on the property. Each sign shall be at least two (2) feet by three (3) feet in size, with letters of such type size as shall substantially fill the sign with the following language. Each sign shall be erected in a conspicuous location along each public street abutting the subject property, shall be dated and shall be in substantially the following form:

CITY OF EDGEWATER
NOTICE OF PUBLIC HEARING ON AN
APPLICATION FOR
[REZONING OR INITIAL ZONING]

NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE [EDGEWATER CITY COUNCIL OR PLANNING COMMISSION] IN THE CITY COUNCIL CHAMBERS AT THE EDGEWATER MUNICIPAL BUILDING, 2401 SHERIDAN BLVD., AT 7:00 P.M. ON  (DATE) , TO CONSIDER AN APPLICATION FOR [REZONING OR INITIAL ZONING] CONCERNING THIS PROPERTY. ALL THOSE WISHING TO BE HEARD SHOULD BE PRESENT AT THE TIME AND PLACE STATED ABOVE. FOR MORE INFORMATION, CONTACT THE CITY CLERK AT (303) 238-7803.

(d)

At least ten (10) days prior to the hearing, the City Clerk shall cause notice of the hearing to be published in a newspaper of general circulation within the City.

(Prior code 23-445; Ord. 07-09 §9, 2009; Ord. 10-14 §8, 2014)

Upon receipt of the proposal, the Planning and Zoning Commission shall conduct such investigation as it deems necessary or desirable and shall hold the initial public hearing thereon. The Planning and Zoning Commission shall then present its recommendations in writing and stating the reasons therefor to the City Council.

(Prior code 23-446; Ord. 07-09 §10, 2009; Ord. 10-14 §8, 2014)

At the time and place set for its public hearing, the City Council shall proceed to consider the proposal and shall consider all protests made in accordance with Section 16-25-70. The approval of any such proposal, and the establishment of any conditions of approval, shall be by ordinance.

(Prior code 23-447; Ord. 10-14 §8, 2014)

(a)

At any time, not later than the hour set for hearing the proposal, any owner of property within the district or parts of a district affected may make written protest against the proposal. Such protest must be in writing and be delivered to the City Clerk prior to the hour set for the hearing.

(b)

If a written protest against the proposal is presented, signed by the owners of fifty percent (50%) of the properties within one hundred (100) feet of the property, the proposal shall not be approved except by the favorable vote of at least five (5) members of the City Council.

(Prior code 23-448; Ord. 10-14 §8, 2014)

An application to initially zone or to rezone any property shall be accompanied by both a land use application fee and a development review cash deposit, each in the amount set forth in the City's Fee Schedule as adopted by the City Council from time to time.

(Ord. 15-10 §7, 2010; Ord. 10-14 §8, 2014)