Granby City Zoning Code
CHAPTER 16
25 AMENDMENTS
§ 16.25.010 Initiation of amendments.
Amendments, supplements, changes or repeal of this title or any section thereof, or to the district boundaries of the official zoning map, may be initiated by application of:
(a)
Petition of any citizen or group of citizens, government agency, firm or corporation residing, owning or leasing property in the town of Granby;
(b)
Initiation of the board of trustees of the town of Granby on its own motion;
(c)
Resolution of the planning commission to the board of trustees.
(Code 1999 § 16-8-1; Ord. 719 § 1, 2008)
§ 16.25.020 Standards for official zoning map amendments.
(a)
Amendments to the official zoning map shall be allowed only after the petitioner demonstrates that rezoning is necessary for one or more of the following reasons:
(1)
The existing official zoning map district is inconsistent with the policies and goals of the master 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 new use or density in the area; or
(3)
The proposed rezoning is necessary in order to provide land for a demonstrated community need, and that such rezoning will be consistent with the policies and goals of the master plan; or
(4)
The existing official zoning map is in error.
(b)
In any petition for amendment to the official zoning map, the petitioner shall carry the burden of showing that the area in question possesses geological, physiological and other environmental conditions compatible with the characteristic of the zone district requested, and that the advantages of the zone district requested substantially outweigh the disadvantages to the town and neighboring land occasioned by the official zoning map amendment, and that the applicable provisions of this title have been met.
(Code 1999 § 16-8-2; Ord. 719 § 1, 2008)
§ 16.25.030 Procedure.
(a)
Application Submittal Documents. Application for an amendment to this title shall be made on such a form as the board of trustees shall prescribe, and shall be filed with the town clerk. Applications for an amendment to the official zoning map, except new annexations, shall contain all of the following information:
(1)
Certified boundary survey of land area to be rezoned or legal description as appropriate and requested new classification;
(2)
Sketch to scale showing boundaries of area requested to be rezoned, along with an indication of the existing zoning, predominant uses and diversities on all adjacent sides of the area;
(3)
Description and sketches, if available, of buildings or uses proposed if rezoning is granted, along with a description of land and building uses within 300 feet of the boundary of the proposed area of change, in all directions;
(4)
A list of property owners and their addresses both within the area and within 300 feet of the exterior boundary of the parcel proposed to be zoned or rezoned;
(5)
Any other information deemed appropriate by the town or applicant to fully explain the amendment request;
(6)
Specified filing fee payment;
(7)
Proof of ownership.
(b)
Planning Commission Advisory Review.
(1)
Any proposed amendment to the official zoning map shall be referred to the planning commission for an advisory report thereon.
(2)
Before submitting an advisory report on any proposed amendment to the official zoning map, the planning commission shall first consider the amendment at its next meeting. In its review, the planning commission shall consider the following issues:
(i)
Completeness of the submittal package;
(ii)
The relationship of the surrounding zone districts to the subject property;
(iii)
The intent of the Granby master plan for the area in question;
(iv)
The degree of contiguity of similar and adjacent zone districts;
(v)
The relationship of the request for zoning amendment to existing conditions both on and surrounding the area in question. Review of existing conditions may include the changing nature of the area, land use, densities and structure, scale and height.
(3)
Prior to the review meeting, the town clerk shall have caused to be published, in a newspaper of general circulation, a public notice of the planning commission review of the zoning amendment request. This meeting notice is to be published at least seven days in advance of the review meeting.
(4)
Upon completion of the review, the planning commission shall forward their recommendations to the board of trustees. These recommendations shall be substantive in relation to the area in question and also include recommended decision action by the board.
(c)
Public Hearing before the Board of Trustees.
(1)
Within five days of the conclusion of the commission review, the town clerk shall schedule a public hearing before the board of trustees. This hearing is to take place not more than 30 days from the conclusion of planning commission review and also allow enough time for 15 days of property posting time, public notice of general description in a newspaper of general circulation and certified/return receipt mailings to verified property owners within 300 feet of the area to be rezoned, except for new annexations which shall be exempt.
(2)
The public hearing before the board of trustees is quasi-judicial in nature and the board is to consider evidence presented and make findings in regard to the zoning amendment. Findings are to be made in regard to all of the following conditions:
(i)
Development conditions in the neighborhood have changed to warrant an amendment;
(ii)
The request does not constitute a spot zone as defined by applicable Colorado law;
(iii)
The original zoning was in error and should be changed;
(iv)
The proposed rezoning would be in harmony with the present land uses in the immediate area;
(v)
The amendment request is in general conformance with the Granby master plan and/or amendments thereto;
(vi)
Surrounding property owners have been given appropriate notice.
(3)
Decisions Rendered.
(i)
On the same day of the hearing or within 20 days of the closing of a public hearing on a proposed amendment, the board shall act on the petition or proposal. The board shall consider all evidence presented and make findings in regard to the above conditions. The board may cause an ordinance to be introduced to amend these regulations or change district boundaries. A majority vote for approval or denial is required. A vote for approval is to be followed by insertion of language amendments and/or boundary changes on the official map within 15 days of the decision.
(ii)
Legal Protest. Should a certified and signed petition of protest to the rezoning map change from more than 20 percent of the legal property owners within the proposed area or within 300 feet of the rezoning area boundary be filed with the board prior to or during the public hearing, then a favorable vote of the board requires that two-thirds of the members vote in the affirmative.
(d)
Appeals of Board of Trustees' Decisions.
(1)
Decisions of the board of trustees are final. Appeals of board of trustees' decisions are to be made to the appropriate court of law, within 30 days of the board's decision.
(2)
Rezoning petitions for the same piece of property where an earlier petition was denied may be reintroduced for consideration by the town no sooner than one year after the original decision is rendered. All rezoning reintroductions must follow the same procedure as original petitions.
(e)
Filing Fees. The board of trustees will set filing fees for rezoning petitions to cover general administrative costs. In addition, the applicant will also pay the costs of notice publication, mailings and any recording fees.
(Code 1999 § 16-8-3; Ord. 719 § 1, 2008; Amended during 2011 recodification)