(a)

Initiation of amendments to official zoning district map or to the text of the Code. The Board of Trustees may, from time to time, amend, supplement, change or repeal the regulations and provisions of this Code.

(1)

Amendments to the official zoning district map may be initiated by the Board of Trustees, the Planning Commission, the Town staff or an owner of real property in the area to be included in the proposed amendment.

(2)

Amendments to the text of this Code may be initiated by the Board of Trustees, the Planning Commission, the Town staff or written application of any property owner or resident of the Town. Amendments to the text of this Code shall be reviewed and considered by the Planning Commission and the Board of Trustees at public hearings and shall be enacted by ordinance.

(b)

General rezoning of the Town. Whenever the zoning district map is in any way to be changed or amended incidental to or as part of a general revision of the zoning code, whether such revision be made by repeal of the existing zoning code and enactment of a new zoning code or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change, shall be waived. However, the proposed zoning map shall be available for public inspection in the Town Hall during regular business hours for thirty (30) days prior to the public hearing on such amendments.

(c)

Zoning amendment application process.

(1)

Step 1: Optional preapplication conference. The applicant may attend a preapplication conference with a representative from the Town. The purpose of the meeting is to discuss the zoning amendment, submittal requirements and review process.

(2)

Step 2: Zoning map amendment application submittal. The applicant shall submit five (5) copies of the complete zoning map amendment application package, in individual D-ring binders, to the Town Clerk and shall request that the application be reviewed by the Town staff. In addition to any hard copies required, the complete zoning map amendment application package in electronic format will be provided on three (3) CDs. The original application and all documents requiring a signature shall be signed in blue ink. The zoning map amendment application package shall include the following items:

a.

Completed land use application form, zoning map amendment - technical criteria form, application fee and fee agreement.

b.

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

c.

Current proof of ownership in the form of title insurance issued within thirty (30) days of submission of the application.

d.

A zoning amendment map of the area included in the proposed change, twenty-four (24) inches high by thirty-six (36) inches wide, with the following information:

1.

North arrow, scale (1" = 100' or 1" = 200') and date of preparation.

2.

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

3.

Legal description of the area to be rezoned (entire area and individual zoning districts). In unsubdivided property, zone boundaries shall be determined by a metes-and-bounds description.

4.

Location and boundaries, including dimensions, of the property proposed for rezoning. Note: zone boundaries are to be the centerlines of physical streets, roads, highways, alleys, railroad rights-of-way and channelized waterways, or such lines extended.

5.

The acreage or square footage contained within the property proposed for rezoning.

6.

All existing land uses on all lands adjacent to the proposed rezoning area.

7.

Zoning and existing land uses on all lands adjacent to the proposed 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 rezoning.

9.

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

10.

Certificate blocks for surveyor, Planning Commission, Board of Trustees and County Clerk and Recorder. Text is to be 10 pt. (0.13888") AutoCAD ^TM Roman Simplex, Helvetica, Arial or similar "sans serif" type. Add signature lines to the certificate of ownership and spaces in the notary certificate as necessary for multiple owners. Add additional notary certificates as necessary for all signatories. Remove "extra" titles and signature lines in the certificate of ownership and spaces in the notary certificate as appropriate. The certificates are to be placed in columns not more than six and one-half (6½) inches in width, starting with the certificate of ownership on the upper right-hand side of the page. If multiple columns are required, separate the columns by one (1) inch, proceeding from right to left across the page. Legal descriptions are to contain a blank line separating each clause in the description.

11.

An AutoCAD ^TM drawing file of the zoning amendment map in an acceptable electronic transfer format shall also be provided.

e.

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

1.

Need for 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 rezoning 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 and schools;

6.

The relationship between the proposal and the Comprehensive Plan; and

7.

Public benefits arising from the proposal.

f.

Surrounding property ownership report. Provide the Town Clerk with a current list, not more than thirty (30) days old, of the names and addresses of all property owners of record within three hundred (300) feet of the property in question, all mineral estate owners of record and appropriate ditch companies. The property owner list should also be submitted on a CD in an Excel ^TM spreadsheet. The applicant shall certify that the report is complete and accurate.

g.

Application fee and cash deposit. The applicant shall submit the application fee, cash deposit and a signed application fee agreement. Application fees will be assessed in accordance with the Application Fee and Cash Deposit Schedule. The cash deposit is nonrefundable and is collected to cover the cost of review by the Town Attorney, the Town Engineer and any other expert whom the Town may wish to employ, for notice and publication expenses and for recording fees. Actual costs may exceed the deposit, in which case the applicant is liable for costs in excess of the deposit. The application fee agreement form shall be obtained from the Town Clerk.

(3)

Step 3: Certification of completion - zoning map amendment application. Within a reasonable period of time, Town staff 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. The applicant shall then correct any deficiencies in the application package, if necessary, and submit forty-four (44) copies of the application to the Town Clerk. Nineteen (19) of the copies shall be bound in D-ring binders. Fewer copies of the application package may be submitted at the discretion of the Town staff after reviewing the numbers of referrals necessary for the project being reviewed. In addition to any hard copies required, the complete zoning map amendment application package in electronic format will be provided on three (3) CDs. The original application and all documents requiring a signature shall be signed in blue ink.

(4)

Step 4: Final staff review and report to Planning Commission. Staff shall complete a final review of the resubmitted materials and prepare a report to the Planning Commission explaining how the application is or is not consistent with the criteria for amendments to the official zoning map or criteria for amendments to the text of the zoning code.

(5)

Step 5: Set zoning map amendment public hearing dates and complete public notification process. The Town Clerk shall set the dates of the public hearings before the Planning Commission and the Board of Trustees. The Town Clerk shall send notice of the Planning Commission and Board of Trustees public hearings by certified mail to the applicant, to all surrounding property owners of record within three hundred (300) feet of the property unless such distance is modified by the Planning Director in accordance with Sec. 16-1-140(d)(2) of this Code, to mineral estate owners of record, to appropriate ditch companies and to the appropriate referral agencies no less than fifteen (15) days before the Planning Commission and Board of Trustees public hearings. The notices shall include the time and place of the public hearings, the nature of the hearings, the location of the subject property and the applicant's name. The Town Clerk shall also publish notice of the public hearings in a newspaper of general circulation no less than fifteen (15) days before the Planning Commission and the Board of Trustees hearings. The hearings may be held no less than fifteen (15) days from the date of the newspaper publication. Not less than fifteen (15) days before the Planning Commission hearing, the applicant shall post signs on the property within one hundred (100) feet of each adjacent public street right-of-way bordering the property, at least once for every six hundred (600) feet of frontage, or as otherwise approved by the Town. The applicant shall submit photos of the signs and a signed, notarized affidavit certifying that the property was posted on the required date and in the locations as approved by the Town prior to the Planning Commission public hearing. The applicant is responsible for ensuring that the posted signs remain in place and in legible condition until the public hearings are concluded, and for removal of the signs after the public hearings are concluded. The signs shall be a minimum of three (3) feet by four (4) feet in size and shall state: "This property is under land use review by the Town of Mead. Call 970-535-4477 for further information." The signs shall have a white background with black and/or red lettering. If the zoning amendment application is accompanying another application which is scheduled for public hearings before the Planning Commission and Board of Trustees, one (1) public hearing may be held on both applications.

(6)

Step 6: Planning Commission public hearing and action on the zoning map amendment. The Planning Commission shall hold a public hearing to review the zoning map amendment based on the criteria for amendments to the official zoning map. The Planning Commission shall then make a recommendation to the Board of Trustees to approve, conditionally approve or deny the zoning map amendment.

(7)

Step 7: Board of Trustees public hearing and action on the zoning map amendment. The Board of Trustees shall, after receiving the report and recommendations from the Planning Commission, hold a public hearing and act upon the proposed amendment. The public hearing may be continued at the discretion of the Board of Trustees to another date without additional notification to the public and publication. Following the required hearing, the Board of Trustees shall consider the comments and evidence presented at the hearing and evaluate the application in accordance with the criteria listed below and approve, approve with conditions or deny the application, in whole or in part. Approval shall be by ordinance.

(8)

Step 8: Post approval actions.

a.

Upon approval of an amendment to the official zoning map by the Board of Trustees, the applicant will provide the Town drawings of the zoning amendment map for recording. In the event the zoning amendment was initiated by a party in interest, the applicant shall also pay the Town's cost for the preparation of the revision to the official zoning map.

b.

The applicant initiating the official zoning map amendment shall have thirty (30) days after approval of the amendment by the Board of Trustees to submit to the Town Clerk three (3) original twenty-four-inch by thirty-six-inch Mylar drawings for recording and one (1) paper copy of the approved zoning map amendment, along with the recording fees and all other costs billed by the Town relative to the zoning map amendment.

c.

The map for the zoning amendment shall be prepared by a licensed surveyor or engineer. Inaccurate, incomplete or poorly drawn maps shall be rejected. In addition, the petitioner shall submit an AutoCAD ^TM drawing file of the map in an acceptable electronic transfer format.

d.

Within thirty (30) days of receipt of the map for the zoning amendment, the Town Clerk shall review the documents for compliance with the Board of Trustees' approval, obtain the Town officials' signatures and submit the approved map for the zoning amendment and the ordinance amending the official zoning map to the County Clerk and Recorder's office for recording.

(d)

Amendments to the text of the land use code process. Amendments to the text of this Chapter may be initiated by the Board of Trustees, the Planning Commission, Town staff or written application of any property owner or resident of the Town. Amendments to the text of the Code shall be reviewed and considered by the Planning Commission and the Board of Trustees at public hearings and shall be enacted by ordinance.

(1)

Step 1: Optional preapplication conference. An applicant who is a property owner or resident of the Town may attend a preapplication conference with a representative from the Town. The purpose of the meeting is to discuss the proposed text amendment, the submittal requirements and the review process.

(2)

Step 2: For text amendments proposed by the Board of Trustees, the Planning Commission or Town staff, a written description of the proposed change to the text of this Chapter shall be prepared by the Town staff to include a citation of the portion of this Chapter to be changed and the wording of the proposed change. The description must provide the rationale for the proposed change, citing specific difficulties with the existing text and similar provisions in the zoning codes of other jurisdictions that support the rational of the proposed change. In the event the text amendment is proposed by a property owner or resident of the Town, the applicant shall submit a written description of the proposed change to the text as described above.

(3)

Step. 3: Staff review and report to Planning Commission. Staff shall complete a review of the proposed text amendment and prepare a report to the Planning Commission explaining how the application is or is not consistent with the criteria for text amendments to this Chapter.

(4)

Step 4: Set public hearings for text amendment review and complete public notification process. The Town Clerk shall set the dates of the public hearings to consider the text amendment before the Planning Commission and Board of Trustees. The Town Clerk shall publish notice of the public hearings in a newspaper of general circulation no less than fifteen (15) days before the date of the Planning Commission and Board of Trustees public hearings.

(5)

Step 5: Planning Commission public hearing and action on the text amendment. The Planning Commission shall hold a public hearing to review the proposed text amendment based on the criteria for amendments to this Chapter. The Planning Commission shall then make a recommendation to the Board of Trustees to approve, conditionally approve or deny the text amendment.

(6)

Step 6: Board of Trustees public hearing and action on the text amendment. The Board of Trustees shall, after receiving the report and recommendations from the Planning Commission, hold a public hearing to review and act upon the proposed amendment. The Board of Trustees shall consider the comments and evidence presented at the hearing and evaluate the proposed text amendment in accordance with the criteria listed in Subsection (f) below and approve, amend or deny the proposed text amendment, in whole or in part. Text amendments shall be enacted by ordinance.

(e)

Criteria for amendments to the official zoning map. For the purpose of establishing and maintaining sound, stable and desirable development within the Town, the official zoning map shall not be amended except:

(1)

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

(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)

The land to be rezoned was zoned in error and as presently zoned is inconsistent with the policies and goals of the Town Comprehensive Plan; or

(4)

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 Town Comprehensive Plan, and the rezoning will be consistent with the policies and goals of the Comprehensive Plan; or

(5)

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; or

(6)

A rezoning to Planned Unit Development overlay district is requested to encourage innovative and creative design and to promote a mix of land uses in the development.

(7)

This declaration of criteria for zoning map amendments shall not control an amendment that occurs incidentally to a general revision of the zoning map.

(f)

Criteria for text amendments to the Zoning Code. For the purpose of establishing and maintaining sound, stable and desirable development within the Town, the text of this Article shall not be amended except:

(1)

To correct a manifest error in the text of this Article; or

(2)

To provide for changes in administrative practices as may be necessary to accommodate changing needs of the community and the Town staff; or

(3)

To accommodate innovations in land use and development practices that were not contemplated at the adoption of this Article; or

(4)

To further the implementation of the goals and objectives of the Town Comprehensive Plan.

(g)

Map amendment upon zoning establishment or modification. Upon enactment of any ordinance annexing and establishing zoning, or modifying existing zoning for any property, and upon final passage thereof, the Town shall amend the prior existing official maps to include the annexed area with the proper zoning classification or show the amended classification, as the case may be. Such updated, current official map shall contain, in table 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.

(Ord. 653 §1, 2009; Ord. 716 §§8—15, 2012; Ord. 964, § 2(Exh. A), 2021)