(1)

The procedure for changing the boundaries or area of any zone district, including any use district or form zone, or for changing the zoning classification or form zone of any parcel of land within the City of Golden, as shown on the Zoning District Map of the City of Golden, Colorado or the City of Golden Form Zone Overlay Map, as applicable, herein collectively referred to as "rezoning", shall be as provided in this chapter 18.48.

(a)

Subject to the limitations provided for in subsection (b), a rezoning may be initiated by:

1.

The owner(s) of the property or their representative(s) with written authorization from the owner(s); or

2.

The planning commission; or

3.

The city manager of the City of Golden; or

4.

The city council.

Notwithstanding the foregoing, this chapter does not apply to rezonings that are legislative in nature. For legislative rezonings, notice shall be provided in accordance with section 2.06.030 of the Golden Municipal Code. Mailed notice and posted notice of individual parcels are not required for legislative rezonings, although the city may, at its discretion, provide notice by other methods in addition to published notice as a courtesy to the public.

(b)

A rezoning initiated by the planning commission, the city manager, or the city council (each, a "city- initiated rezoning") to the PUD zone district shall require the consent of the owner. A city-initiated rezoning of land in an existing PUD zone district to a non-PUD zone district or a city-initiated overlaying of a PUD zone district with a form zone may be initiated without the consent of the owners.

(2)

The procedure for the initial zoning of property annexed or to be annexed to the city shall follow, to the extent practicable, the procedures applicable herein to rezonings. The zoning procedures may be instituted at any time after a resolution of intent to annex is adopted pursuant to C.R.S. § 31-12-106, as amended, or after a petition for annexation or a petition for annexation election has been found to be valid in accordance with C.R.S. § 31-12-107, as amended.

(a)

No ordinance initially zoning property annexed to the city shall be adopted on second reading prior to the date the annexation ordinance is adopted on second reading.

(b)

Property annexed to the city shall be initially zoned by the city within 90 days after the effective date of the annexation ordinance. Any requirements set forth in this chapter, and not required by statute, shall be modified to the extent necessary to meet the 90-day requirement.

(3)

Land located within an RE, M1, M2, CO, AG, or RM use district may not be located in a form zone.

(4)

Any request to initially zone or to rezone land to a R1, R1A, R2, R3, CMU, RC, C1, or C2 use district shall include a request for application of an appropriate form zone, if an appropriate form zone has not already been applied.

(Ord. No. 2209, § 2(Exh. K), 6-6-2023)

(1)

See section 18.10.040 for pre-submittal meeting requirements.

(2)

See section 18.10.040 for neighborhood meeting requirements.

(Ord. No. 2252, § 9(Exh. H), 1-28-2025; Ord. No. 2209, § 2(Exh. K), 6-6-2023)

Requests for rezoning or initial zoning of property shall conform to the following specific procedure.

(1)

See section 18.10.040.

(Ord. No. 2252, § 9(Exh. H), 1-28-2025; Ord. No. 2209, § 2(Exh. K), 6-6-2023)

(1)

See section 18.10.040 for public hearing notice procedures.

(Ord. No. 2252, § 9(Exh. H), 1-28-2025; Ord. No. 2209, § 2(Exh. K), 6-6-2023)

(1)

The council shall review and decide all rezoning requests following receipt of the planning commission recommendation. A rezoning may only be approved by passage of an ordinance following the city's standard ordinance adoption procedures, including a first reading and a public hearing on second reading.

(2)

See chapter 18.10.040 for public hearing notice procedures.

(3)

The council shall consider the planning commission recommendation, the evidence presented at the public hearing, including the staff report and materials provided therewith, and either approve, approve with conditions, or deny the rezoning request by applying such evidence to the standards set forth in section 18.48.060. The council also may remand the rezoning request to the planning commission for further study and review or, on its own motion or at the request of any person, continue the public hearing to a fixed date, time, and place.

(4)

Final action by the city council on the rezoning ordinance shall be taken within 90 days after the conclusion of the council's hearing on the ordinance, or within 30 days after the return of a remand from planning commission, whichever is later, unless the applicant consents to an extension of such time. Failure to take final action within such period shall be considered a final decision of the council denying the rezoning.

(5)

The city clerk shall provide written notice of the council's final action on the rezoning application to any person who has requested in writing to receive such notice. The failure to strictly comply with this requirement shall not affect the validity of the proceeding.

(Ord. No. 2252, § 9(Exh. H), 1-28-2025; Ord. No. 2209, § 2(Exh. K), 6-6-2023)

(1)

To promote stability in zoning and appropriate development of property within the city, no application for rezoning of property shall be approved unless it is demonstrated by the applicant that:

(a)

The proposed zoning promotes the health, safety or welfare of the inhabitants of the City of Golden and the purposes of this title; and

(b)

At least one of the following additional factors exist:

1.

The proposed zoning promotes the goals of the comprehensive plan, or the proposed rezoning demonstrates an improvement over the existing zoning in implementing the goals of the comprehensive plan.

2.

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.

3.

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

(c)

For applications to establish or rezone a form zone:

1.

The underlying use district is not RE, M1, M2, CO, AG, or RM; and

2.

The property exhibits the locational characteristics, building scale and disposition, and lot and block characteristics described in the context for the proposed form zone in division II of chapter 18.29.

(2)

City council shall have the authority to assess school and parkland dedications at the time of property zoning and rezoning for those zoning changes which increase the potential number of dwelling units on the property. Such dedications shall be in accordance with the provisions of chapter 17.60. Assessment of fees in lieu of land dedication shall occur at the time of zoning, and shall be based upon permitted uses on the site. Said fees shall be collected at the time of subsequent subdivision or building permit issuance, whichever shall occur first. Fees shall be adjusted as necessary at the time of either subdivision or building permit issuance to reflect development which results in densities and/or unit types different from those assumed at the time of initial assessment. Conveyance of land to be dedicated shall occur at the time of subsequent subdivision, or prior to issuance of any building permits.

(Ord. No. 2209, § 2(Exh. K), 6-6-2023)