An amendment to the text of this title may be initiated by the City Council, the Planning Commission, or any interested citizen or citizens. An amendment to the Official Zoning Map of the City of Florence may be initiated by the City Council, the Planning Commission, or by application of the property owner or his authorized agent.

(Ord. 3-96 (part), 1996).

A zoning application shall be required to zone any property within the incorporated areas which are not presently zoned, to change the zoning of any property within the incorporated areas of the City of Florence, or to amend the text of this title.

(Ord. 3-96 (part), 1996).

No zoning amendment request shall be granted which violates or will result in a violation of any provision of this title. No amendment changing the zoning classification of any lot, parcel or tract of land shall be adopted unless such lot, parcel or tract can meet the minimum frontage and lot area requirements for the requested zoning district, or unless it abuts on a lot, parcel or tract of land that has the same zoning classification as that which is proposed for the property which is subject to the proposed amendment.

(Ord. 3-96 (part), 1996).

The application for amendment to the zoning ordinance or the Official Zoning Map shall be made on such a form as provided by the City of Florence and shall be submitted to the City Manager or City Planner in timelines set forth in Section 17.04.070.

A.

Applications for an amendment to the Official Zoning Map shall contain all of the following information:

1.

The legal description and the deed by which title was taken of the land to be rezoned;

2.

A site plan, drawn to scale of one (1) inch equals two hundred (200) feet, to include the following:

a.

Title, scale and north arrow. (Name) (Zone Change Request from _______ Zone District (existing) to _______ Zone District (proposed),

b.

A vicinity map to locate the development in relation to surrounding area, streets, etc.,

c.

Location and size of all existing and proposed buildings and structures on the property to be rezoned,

d.

Location and size of all parking areas and spaces and all off-street loading areas on or adjacent to the property,

e.

Location and size of access from a public right-of-way,

f.

Location and size of all drainage ways or other natural features which would affect or would have an effect on property to be zoned,

g.

Zoning classification for all adjoining lots, parcels, or tracts,

h.

Such other additional information required by the City Manager;

3.

Provide a statement of justification for the rezoning, including at least one of the following conditions (please explain answer):

a.

Evidence that the property was not properly zoned when existing zoning was imposed,

b.

Evidence that the proposed rezoning is necessary in order to provide land for a community-related use which was not anticipated at the time of the adoption of the City's comprehensive plan, and that such rezoning will be consistent with the policies and goals of the comprehensive plan,

c.

Provide evidence that there has been a material change in the neighborhood which justifies the requested zone change,

d.

Provide evidence that the proposed zone change will be in conformance to the comprehensive plan for the area;

4.

Provide evidence that there is a public need and that it will tend to preserve and promote property values in the neighborhood;

5.

Provide a time schedule for any contemplated new construction or uses;

6.

Explain what effect the proposed rezoning will have on existing traffic. If no change is expected please explain;

7.

Explain what effect the proposed rezoning would have on adjacent uses, if any.

B.

Applications for amendments to the zoning ordinance shall contain the following information:

1.

A specific reference to the provision of this title that is proposed to be amended;

2.

The language that is proposed to be added to or deleted from this title;

3.

A brief explanation as to why the amendment is being proposed.

(Ord. 3-96 (part), 1996).

(Ord. No. 01-18-2022A, Exh. A, 2-7-2022)

After the City Manager determines that a complete application has been submitted, and fees paid, he shall set a date for a public hearing on the application.

(Ord. 3-96 (part), 1996).

A.

At least fifteen (15) days prior to the scheduled public hearing, the City post on a sign a notice declaring that a zone change is requested. The sign shall be placed along the part thereof fronting a street. The sign shall be of adequate size to relay the following information:

NOTICE OF PUBLIC HEARING
FLORENCE PLANNING COMMISSION

For a zone change

Current zoning of the property

Proposed zoning of the property

Applicant

Signs placed offsite shall contain one (1) of the following: Assessor schedule number, address of the property, or legal description.

The posting of the sign shall be verified by the City Manager.

B.

At least fifteen (15) days prior to the scheduled public hearing, the City Manager shall notify all property owners within a three hundred (300) foot radius of the subject property, by first-class mail, that a rezoning application has been submitted, and the date of the public hearing. Those wishing to comment on the proposed rezoning shall be asked to submit comments in writing to the City Manager and/or attend the public hearing.

C.

At least fifteen (15) days prior to the scheduled public hearing, the City Manager shall cause notice of the proposed rezoning or zoning ordinance amendment to be published in the official city newspaper.

D.

Exceptions for General Revisions and Text Amendments. When the zoning district map is in any way to be changed or amended incidental to or as a part of a general revision of this title, whether such revision is made by repeal of this title and enactment of a new zoning ordinance, or otherwise, or when an amendment to the text of this title is proposed, a notice of posting shall not be required.

(Ord. 3-96 (part), 1996).

(Ord. No. 09-20-2021A, Exh. A, 10-4-2021)

A.

The City Manager shall review each application to determine if it is consistent with the standards set forth in this chapter and shall investigate the relationship between the proposed land use and adopted plans.

B.

Upon completion of review, the City Manager shall present a report and recommendations to the Planning Commission and the applicant within ten (10) working days of the Planning Commission public hearing, as set forth in Section 17.76.080.

(Ord. 3-96 (part), 1996).

A.

It is a requirement of the Planning Commission that either one (1) applicant or a representative be present at the public hearing to present the application.

B.

The Chair shall open the hearing.

C.

The City Manager shall present an advisory report which shall include a complete review of the item. Other city staff may present information.

D.

The applicant or a representative shall make a presentation.

E.

Other proponents of the item shall be heard.

F.

Opponents of the item shall be heard.

G.

Additional comments by the City Manager or other City staff shall be allowed for clarification or in response to new evidence or questions from the Planning Commission.

H.

The applicant may respond but only to rebut new evidence.

I.

Questions from the Commission may be directed at any time to the applicant, staff or public to clarify evidence presented in the hearing.

J.

No proponent or opponent of an item shall be permitted to speak more than once with the exception of the rebuttal allowed the applicant and with the exception that anyone may speak in response to questions from the Commission. Responses to questions from the Commission shall be limited to the answer to the question as stated.

K.

The Planning Commission may recess a hearing in order to obtain additional information pertaining to the amendment.

L.

When the Commission has no additional questions, the Chair shall close the hearing and the Commission shall act on the item. Action of the Planning Commission shall be in the form of a recommendation to the City Council. The Planning Commission may recommend approval, approval subject to certain conditions, disapproval, or make suggestions. All actions and proceedings shall be recorded in the minutes of the Planning Commission.

(Ord. 3-96 (part), 1996).

A.

The City Council may approve, approve subject to certain conditions, or disapprove the application. The Council's decision should be based on policies and conditions set forth in Section 17.76.100.

B.

In case of a protest against changes in regulations or restrictions, or changes in the zone district applicable to particular land, which protest is filed with the Municipal Clerk or the Planning Commission on or before the hearing before the Planning Commission and is signed by the owners of twenty (20) percent or more of the area of land which is subject to the proposed change or twenty (20) percent or more of the area of land extending a radius of one hundred (100) feet from the land which is subject to the proposed change, disregarding intervening public streets and alleys, such changes shall not become effective except by the favorable vote of two-thirds (⅔) of all the members of the City Council. (Source: CRS 31-23-305)

(Ord. 8-2000 §1, 2000; Ord. 3-96 (part), 1996).

A.

For the purpose of establishing and maintaining sound, stable and desirable development within the City, the rezoning of land is to be discouraged. Rezonings should only be considered if:

1.

The land to be rezoned was zoned in error or, as presently zoned, is inconsistent with the policies and goals of the City's comprehensive plan; or

2.

The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area; or

3.

The proposed rezoning is necessary in order to provide land for a community-related use which was not anticipated at the time of the adoption of the City's comprehensive plan, and that such rezoning will be consistent with the policies and goals of the comprehensive plan.

(Ord. 17-2006 §1, 2006; Ord. 3-96 (part), 1996).

In granting an amendment to the zoning map, the City Council may require the dedication of land where it is beneficial to the health, safety, and welfare of the citizens of the City of Florence. The City Council may also require the dedication of additional street right-of-way where an officially adopted street plan indicates a need for increased width or where the nature of the proposed development warrants increased street width, and the Council may require permanent screen strips or other devices to minimize conflict with residential land use.

(Ord. 3-96 (part), 1996).

Zoning of land in the process of annexation may be done in accordance with the procedure and notice requirements of the Colorado Revised Statutes 31-12-115.

(Ord. 3-96 (part), 1996).

Reapplications for amendments to the Official Zoning Map or the zoning ordinance shall not be accepted within one hundred eighty (180) days from the date of final decision of the City Council, if such decision covered the same property or subject matter as that in the prior application. Applications will be accepted after this one hundred eighty (180) day period and will be subject to all requirements of this chapter.

(Ord. 3-96 (part), 1996).