The regulations, restrictions and boundaries set forth in this title may from time to time be amended, supplemented, changed, modified or repealed by the town council, as provided by law and in accordance with the procedures set forth in this chapter.

Amendments to the text of this zoning code may be made by legislative determination of the town council, in the manner required for adopting ordinances, with the exception of an added review and recommendation to the town council by the planning and zoning commission.

Comprehensive revisions of all or a large part of the zone district designations and boundaries shown on the official zoning district map shall be accomplished by legislative determination of the town council in the manner required for adopting ordinances, following review and recommendation by the planning and zoning commission. In addition, the proposed official zoning map shall be made available for public inspection in the town hall during regular business hours for 15 days prior to the public hearing on such revisions.

Amendments to the official zoning district map affecting individual or small groups of properties may be initiated by the town council, town staff, the planning and zoning commission, or by a real property owner in the area to be included in the proposed zoning amendment. Revisions of zone district designations and boundaries shown on the official zoning district map affecting individual or small groups of properties shall be accomplished through the following notice and hearing process, and by ordinance adopted by the town council.

(1)

Preapplication conference. The applicant shall attend a preapplication conference with a representative of the town. The purpose of the meeting is to discuss the proposed zoning amendment, submittal requirements and review process.

(2)

Zoning amendment application submittal. The applicant shall submit to the planning department the complete zoning amendment application package, including a check made payable to the Town of Gypsum in the amount of $250.00 for the fee, containing the following enumerated items in an electronic format acceptable to the department, together with one paper copy of the application package for the file, and shall request that the application be reviewed by the planning and zoning commission and town council.

a.

A completed land use application.

b.

A legal description for all property to be considered for rezoning.

c.

Current proof of ownership of property likely to be affected by the zoning change in the form of title insurance issued within 30 days of submission of the application, an ownership and encumbrance report, chain of title guarantee, or other similarly reliable evidence of ownership.

d.

A zoning amendment map of the area included in the proposed change, 24 inches high by 36 inches wide, with the following information:

1.

North arrow, scale (1 inch = 100 feet or 1 inch = 200 feet), and date of preparation;

2.

The subdivision name or block and lot number of the area to be zoned (if applicable) at the top of each sheet;

3.

Legal description of area to be zoned (entire area and individual zone districts). For unsubdivided property, district boundaries shall be determined by a metes and bounds description;

4.

Location and boundaries, including dimensions, of the property(s) proposed for rezoning. Note: Generally, district boundaries are to be boundary lines of subdivided parcels or the center lines of physical streets, roads, highways, alleys, railroad rights-of-way, and channelized waterways, or such lines extended along an imaginary line;

5.

The acreage or square footage of the property(s) proposed for rezoning;

6.

All existing land uses in the area proposed for rezoning;

7.

Zoning and existing land uses on all lands adjacent to the area proposed for rezoning;

8.

The location and dimensions for all existing public rights-of-way including streets, and centerlines of water-courses within and adjacent to the area proposed for rezoning;

9.

The names of all adjoining subdivisions with lines of abutting lots, and departing property lines of adjoining properties not subdivided; and

10.

Certificate and signature blocks for the surveyor, planning and zoning commission, town council, and Eagle County Clerk and Recorder as required for plat endorsements.

e.

A written statement describing the proposal and addressing the following points:

1.

Need for the proposed rezoning;

2.

Present and future impacts on the existing adjacent zone districts, uses, and physical character of the surrounding area;

3.

Impact of the proposed change on area accesses and traffic patterns;

4.

Availability of utilities for any potential development;

5.

Present and future impacts on public facilities and services, including, but not limited to, fire, police, water, sanitation, roadways, parks, schools, and transit;

6.

The relationship between the proposal and the town land use code or master plan, whichever was last updated; and

7.

Public benefits arising from the proposal which addresses the benefit to the general public, rather than the benefit to a single landowner which could be considered to be spot zoning which is prohibited in Colorado.

f.

Adjacent property ownership report. Applicant shall provide the planning director with a current list (not more than 30 days old) of the names and addresses of adjacent property owners, within 300 feet of subject property, mineral interest owners of record, mineral and oil and gas lessees for the property and appropriate ditch companies and owners. The applicant shall certify that the report is complete and accurate.

g.

Public hearing notification envelopes. Applicant shall provide two sets of stamped, addressed, certified (return receipt requested) envelopes. The envelopes shall have the town's address as the return address and the envelopes shall be addressed to adjacent property owners, mineral interest owners of record, oil and gas lessees for the property, and the appropriate referral agencies as designated by planning director. It is the applicant's responsibility to ensure that accurate and complete information is provided.

(3)

Zoning amendment application certification of completion. Within a reasonable period of time, the town manager or the town manager's designee shall either certify that the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application to the planning department. The original application and all documents requiring a signature shall be signed in ink.

(4)

Final staff review and report to planning and zoning commission. The staff shall complete a final review of the completed application and prepare a report to the planning and zoning commission explaining how the application is or is not consistent with the criteria for amendments to the official zoning district map set forth below.

(5)

Set zoning amendment public hearing and complete public notification process. The town manager or the town manager's designee shall send notice of the hearing to the applicant, adjacent property owners, all mineral interest owners of record, oil and gas lessees of the property, and to the appropriate referral agencies, not less than 15 days before the initial Planning and zoning commission hearing on the application. Notice of the hearing shall be mailed, published and posted on the subject property pursuant to the notice requirements set forth in this zoning code not less than 15 days prior to the date of such hearing. Such notice shall not be required for text amendments. If the zoning amendment request accompanies another application that is scheduled for a public hearing before the planning and zoning commission and/or town council, a joint public hearing may be held for both applications before each body.

(6)

Planning and zoning commission public hearing and action on the zoning amendment. The planning and zoning commission shall hold a public hearing to review the zoning amendment based on the criteria for amendments to the official zoning district map hereinafter set forth. The commission shall then make a recommendation to the town council to approve, conditionally approve, or deny the zoning amendment application.

(7)

Revised application based on planning commission comments. If the planning and zoning commission recommends that the applicant amend the application, the applicant shall have the opportunity to make the suggested revisions based on the commission's comments and resubmit the application.

(8)

Notify adjacent property owners. The planning department shall provide notice of the town council public hearing to adjacent property owners within 300 feet of subject property as identified by the applicant not less than ten days prior to the date of such public hearing. Such notice shall not be required for text amendments.

(9)

Town council hearing and action on the zoning amendment. The town council shall, after receiving the report and recommendations from the planning and zoning commission and staff, hold a public hearing on the proposed zoning amendment. Notice of the public hearing shall be published once at least ten days prior to the date of the hearing in a newspaper of general circulation within the town. The parcel for which such zoning amendment is sought shall be posted by sign at least ten days prior to the date of the public hearing and continuously through the date of the public hearing. Such notice shall also be mailed by first class United States mail, postage prepaid to the applicant and to adjacent property owners as such owners' names and addresses may appear in the tax records of the town or Eagle County at least ten days prior to the date of the public hearing. Notice shall be given by inclusion in the agenda of the town council at which the application shall be heard. The names and addresses of the adjacent property owners required to be notified shall be determined by the applicant and such information shall be submitted to the planning department with the application.

Following the public hearing, the town council shall consider the comments and evidence presented at the hearing, evaluate the application in accordance with the criteria set forth in section 18.15.050 hereof and deny the application in whole or part, or by ordinance approve the application or approve it with conditions.

(10)

Post approval actions. Upon approval by the town council of an amendment to the official zoning district map, the town clerk or planning department shall cause an appropriate revision of the official zoning district map to be prepared for recording with the Eagle County Clerk and Recorder.

(Ord. No. 2015-16, § 6, 1-12-16)

For the purpose of establishing and maintaining sound, stable and desirable development within the town, the official zoning district map shall not be amended except:

(1)

To correct a manifest error in an ordinance establishing the zoning for a specific property; or

(2)

To rezone an area or extend the boundary of an existing district because of changed or changing conditions in a particular area or in the town generally; or

(3)

When the land to be rezoned was zoned in error and as presently zoned is inconsistent with the policies and goals of the town's land use code or the master plan, whichever was last updated; or

(4)

When the proposed rezoning is necessary to provide land for a community-related use that was not anticipated at the time of the adoption of the land use code or master plan, whichever was last updated, and the rezoning will be consistent with the policies and goals of the master plan; or

(5)

When the area requested for rezoning has changed or is changing to such a degree that it is in the public interest to encourage development or redevelopment of the area.

This declaration of criteria for zoning map amendments shall not apply to amendments that occur as part of a comprehensive revision to the text of the zoning code or official zoning district map accomplished by legislative action of the town council.

Upon adoption of any ordinance annexing and establishing zoning or modifying existing zoning for any property, the town shall amend the official zoning district map to include the annexed area with the proper zoning classification or to show the amended classification, as the case may be. The official zoning district map shall contain, in tabular form, the date and number of the ordinance amending it, the date the map was amended to reflect each amendment and the initials of the person who checked and approved the change to the map.