(a)

Amendments to this chapter shall be made in the manner prescribed by the statutes of the state relating to the zoning ordinances of cities and towns. Wherever notice is required to be given of public hearings before the zoning commission or the city council, such notice shall consist of publication once in a newspaper of general circulation within the city not less than 15 days prior to such hearing and, in the case of amendments to the zoning map, the premises for which a zoning classification change is requested shall be posted, giving notice of such proposed zoning change for a period of not less than 15 days immediately prior to the hearing at which such change is to be considered. Posting shall consist of placing one sign at least 30 inches square with lettering not less than 1.25 inches in height facing and legible from each public roadway abutting the premises, plus such additional signs as may be required by the planning and zoning commission.

(b)

In addition, the applicant for an amendment to the zoning map shall send by certified mail, not less than ten days prior to any public hearing before city council, a notice to all fee owners of property located within 300 feet of the subject property. Such notices shall be mailed to the address of the owners as shown on the records of the county assessor's office. The notice shall set forth the date, time and location of the hearing and the applicant's proposed zoning amendment. The applicant shall present documentation evidencing compliance with this mailing requirement prior to the public hearing.

(Code 1985, § 10-20-1(A))

Each application for an amendment to this chapter shall be accompanied by a fee as prescribed by resolution of the city council in accordance with section 1-16. In addition, the expenses of publication and preparation of the aforesaid signs and notices shall, in all cases, be paid for by the person or persons petitioning therefor, except where such change may be initiated by the planning and zoning commission or by the city council.

(Code 1985, § 10-20-1(B))

The change or modification of zoning of property previously zoned may be initiated by the planning and zoning commission, council, city manager, or person with a legal interest in the property which is the subject of the proposed zoning change. The term "legal interest," as used herein, shall mean an equitable interest in the property established by contract or right of redemption or title interest in the property. No application for rezoning of property shall be approved unless it is demonstrated:

(1)

The proposed zoning bears a reasonable relationship to the general welfare of the community; and

(2)

At least one of the following additional factors exists:

a.

The proposed zoning is consistent with or promotes the goals of the comprehensive plan; or

b.

If the proposed zoning would be in conflict with the goals of the comprehensive plan, the proposed rezoning demonstrates an improvement over the existing zoning in implementing the goals of the comprehensive plan;

c.

The property to be rezoned was previously zoned in error; or

d.

There has been a material change in the character of the neighborhood or in the city generally, such that the proposed zoning would be in the public interest and consistent with the change.

(Code 1985, § 10-20-1(C); Ord. No. 21-08, § 1, 7-20-2021)

The change or modification of zoning of property previously zoned shall comply with the following procedure:

(1)

The planning and zoning commission shall review the requested zoning and, within 30 days after said review, make its written recommendations to the council.

(2)

The council shall conduct a public hearing concerning the requested zoning within 45 days after the city clerk has received the written recommendations from the planning and zoning commission, which recommendations shall be a part of the council record for each such hearing.

(3)

Within 45 days after the council hearing, the council shall either zone the property as requested by ordinance or shall deny the initiated or requested zoning by resolution, describing the reasons relied upon for denying the zoning.

(4)

The council is hereby granted and authorized to zone conditionally particular property and, in the event the conditions imposed by the council for granting particular zoning are not complied with, to revoke such zoning.

(Code 1985, § 10-20-1(D))

Upon the approval of any amendment of the zoning map, the planning and zoning commission shall make the necessary changes in the official city zoning district map.

(Code 1985, § 10-20-1(E))

State Law reference— Amendments and changes, C.R.S. § 31-23-304.