This Chapter and the Administrative Manual provides the standards and procedures for the review of Applications to amend the City’s Land Use Ordinances, including Applications to amend this Ordinance, including a Rezone (Zoning Districts Map amendment) or Official Map Amendment.

All Gunnison City Land Use Ordinances, including this Ordinance, with the accompanying Zoning Districts Map, is considered the City’s land use laws for the purposes of land use decision-making.

1. The procedures for the review of a Land Use Ordinance Amendment Application are identified by Chapter 10 and Chapter 15, Administrative Manual.
   
2. In considering a Land Use Ordinance Amendment Application, the Commission in formulating a recommendation, and the Council in deciding a Land Use Ordinance Amendment Application shall consider the following factors, among others:
   
   1. The effect of the proposed amendment on the overall well-being of the City.
      
   2. The effect of the proposed amendment on the public health, welfare, and safety.
      
   3. The effect of the proposed amendment on the interests of the City, and its residents.
      
   4. The ability of the City, and other service providers, as applicable, to provide all infrastructure, facilities, and services required by the proposed uses and activities allowed by the proposed amendment.
      
   5. Compatibility of the proposed uses, if applicable, with nearby and adjoining properties.
      
   6. The suitability of the properties for the uses and activities proposed.
      
   7. The effect of the proposed amendment on the existing goals, objectives, and policies of the General Plan, and listing any other revisions to the City’s Land Use Ordinances, and any other Ordinances required to implement the amendment.

1. An Applicant is entitled to action on a Land Use Application by the Land Use Authority, as applicable, if the application conforms to the requirements all Land Use Ordinances, in effect on the date the City Recorder determines the application complete and all fees have been paid unless:
   
   1. The Land Use Authority, on the record, finds a compelling, countervailing public interest would be jeopardized by approving the application; or
      
   2. In the manner provided by this Chapter, and before the Land Use Application is filed, the City has formally initiated proceedings to amend a Land Use Ordinance, including this Ordinance, or Official Map in a manner that would prohibit or otherwise effect the approval of the application, as submitted; or
      
   3. The Council, as provided by Section 607, has adopted a temporary land use regulation affecting the application.
      
2. An application for any Land Use Application approval affected by a pending Land Use Ordinance Amendment, Official Map Amendment, or Temporary Land Use Regulation shall be subject to the following:
   
   1. The application shall not be acted upon until one hundred eighty (180) days from the date when the pending Land Use Ordinance Amendment, Official Map Amendment, or Temporary Land Use Regulation was first noticed on a Commission or Council agenda, unless:
      
      1. The Applicant voluntarily agrees to amend the Land Use Application to conform to the requirements of the pending amendment or temporary land use regulation; or
         
      2. One hundred eighty (180) calendar days have passed since the amendment proceedings were initiated or the adoption of the temporary land use regulation; or
         
      3. A decision concerning the proposed amendment is made sooner than one hundred eighty (180) calendar days since the amendment proceedings were initiated.
         
3. Upon a decision on a Land Use Ordinance Amendment or Official Map Amendment Application by the Council, all decisions for any approval, permit or license filed during the period the Land Use Ordinance Amendment or Official Map Amendment is pending, or thereafter, shall conform to the requirements of the Land Use Ordinance or Official Map, as amended.
   
4. A Land Use Authority shall process an application without regard to proceedings initiated to amend a Land Use Ordinance or Official Map if:
   
   1. One hundred eighty (180) calendar days have passed since the proceedings were initiated; and
      
   2. The proceedings have not resulted in an enactment that would prohibit action on the application, as submitted; or
      
   3. One hundred eighty (180) calendar days have passed since the adoption of the temporary land use regulation.
      
5. An application shall be deemed “filed” when the application is determined complete by the City Recorder.
   
6. When a proposed Land Use Ordinance Amendment or Official Map Amendment Application is pending, an application for any Land Use Application approval, permit, or license, as required by the Land Use Ordinances of the City, which may be affected by the proposed amendment, shall not be entitled to rely on the existing Land Use Ordinances or Official Map, which may be amended.