(a)

An amendment to the text of this Chapter may be initiated by the City Council or by the Planning and Zoning Commission, pursuant to procedures established for amending an ordinance of the City.

(b)

An amendment to the zoning map (rezoning) may be initiated by the City Council, by the Planning and Zoning Commission or by application of an owner of a property affected thereby within the City or his or her authorized agent, which application shall be considered only at the regularly scheduled meetings of the City Planning and Zoning Commission, and which amendment may be considered and enacted pursuant to the procedures described in this Article.

(Ord. 789 §18-101, 2006)

(a)

The location and boundaries of the districts designated in Article 5 of this Chapter are established as shown on the map entitled "Zoning District Map of the City," and referred to as the official zoning map after the effective date of the ordinance codified in this Chapter.

(b)

The official zoning map and all the notations thereon are made part of this Chapter.

(c)

The signed copy of the official zoning map containing the zoning districts designated at the time of the adoption of the ordinance codified in this Chapter shall be maintained on file in the office of the City Clerk.

(d)

Changes made in district boundaries or other information portrayed on the official zoning map shall be made in accordance with the provisions of this Chapter and state law.

(e)

Changes shall be entered on the official zoning map promptly after the amendment has been approved by the City Council with an entry on the official zoning map.

(f)

No amendment to this Chapter which involves information portrayed on the official zoning map shall become effective until after such change entries have been made on the map.

(Ord. 789 §18-102, 2006)

(a)

For the purpose of establishing and maintaining sound, stable and desirable development within the City, the rezoning of land is to be discouraged.

(b)

Rezonings should only be considered if:

(1)

The land to be rezoned was zoned in error, and as presently zoned is inconsistent with the policies and goals of the City's master plan.

(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 rezoning of the area.

(3)

The proposed rezoning is necessary in order to provide land for a community-related use which was not anticipated at the time of the adoption of the City's master plan, and if such rezoning will be consistent with the policies and goals of the master plan.

(4)

The area for which rezoning is requested is of such a nature and so located that the proposed zone change will not adversely affect existing or anticipated uses or property values in the vicinity, and the proposed zone change will not result in land uses that are incompatible with the City's master plan.

(c)

In any application for a zoning map amendment, the applicant shall carry the burden of showing that the area in question possesses physical and environmental conditions and land use characteristics compatible with the zone district requested, that the advantages of the zone district requested substantially outweigh the disadvantages to the City and neighboring land occasioned by the rezoning, and that the applicable provisions of this Chapter have been met.

(Ord. 789 §18-103, 2006)

(a)

An application for an amendment of the official zoning map shall be made on a form provided by the City.

(b)

The application must be accompanied by a minimum nonrefundable review and processing fee which is on file in the office of the City Clerk. The applicant shall also pay actual costs in excess of the established fee which are incurred by the City relative to review and processing of the amendment.

(Ord. 789 §18-104, 2006)

(a)

Prior to any consideration for amendments to the official zoning map, the applicant shall file the following data:

(1)

All data must be submitted to the City Manager at least fifteen (15) working days prior to the regularly scheduled Planning and Zoning Commission meeting.

(2)

The legal description and the deed by which title was taken of the land to be rezoned; and/or a certified boundary survey by a registered land surveyor or professional engineer.

(3)

A list of names and addresses of all property owners within three hundred (300) feet of the subject property.

(4)

A site plan, drawn to scale of one (1) inch equals one hundred (100) feet, to include the following:

a.

Title, scale and north arrow, (Name, Zone change request from ___ Zone District (existing) to ___ Zone District (proposed);

b.

A vicinity map to locate the development in relation to surrounding area, streets, etc.;

c.

Location and size of all existing and proposed buildings and structures on the property to be rezoned;

d.

Location and size of all parking areas and spaces and all off-street loading areas on or adjacent to the property;

e.

Location and size of access from a public right-of-way;

f.

Location and size of all drainageways or other natural features which would affect or would have an effect on property to be zoned;

g.

Location of wooded areas to be retained;

h.

Zoning classification for all adjoining lots, parcels or tracts; and

i.

Such other additional information required by the City Manager.

(5)

A written statement setting forth the gross land area, the area to be allotted for roads and driveways, the area to be allotted to open parking and the area to be reserved as open space. All areas shall be expressed in acres.

(6)

A written statement setting forth the evidence upon which the petitioner relies to set forth a reason for the requested amendment based upon the standards contained in Section 12-4-30 above, as follows:

a.

Evidence that the property was not properly zoned when existing zoning was imposed;

b.

Evidence that there has been a material change in the neighborhood which justifies the requested zone change;

c.

Evidence that the proposed rezoning is necessary in order to provide land for a community-related use which was not anticipated at the time of the adoption of the City's master plan, and that such rezoning will be consistent with the policies and goals of the City's master plan;

d.

Evidence that the proposed zone change will be in conformance with the City's master plan and tend to preserve and promote property values in the surrounding neighborhood, and that the zone change will not result in land uses that are incompatible with the City's master plan;

(7)

Provide a time schedule for any contemplated new construction or uses.

(8)

Explain what effect the proposed rezoning will have on existing traffic.

(9)

Evidence demonstrating compliance with applicable provisions of this Chapter.

(b)

In the event that the Planning and Zoning Commission deems that further information is necessary, it may require submittal of additional data, including but not limited to an environmental impact study, an economic feasibility study or any other appropriate information. If additional data is requested, the Planning and Zoning Commission may withhold review for a period not to exceed forty-five (45) days.

(Ord. 789 §18-105, 2006)

(a)

The City Council shall hold a public hearing on all proposed zoning map amendments after receiving the written report of recommendations from the Planning and Zoning Commission.

(b)

A notice of the hearing shall be published in a newspaper of general circulation within the City at least fifteen (15) days prior to the hearing date.

(c)

At least twenty-one (21) days prior to the scheduled public hearing, the applicant shall provide and post on a sign a notice declaring that rezoning is being requested. The sign shall be placed along the part of the property fronting a street. The sign shall be at least three (3) feet by four (4) feet in size, of durable material, such as plywood, metal or particle board, with each letter being at least two (2) inches in height and being waterproof so as not to smear. The following information shall be placed on the sign:

NOTICE OF PUBLIC HEARING
MONTE VISTA CITY COUNCIL

HEARING TO BE HELD (date and time of hearing), CITY OF MONTE VISTA MUNICIPAL BUILDING, COUNCIL CHAMBERS, 4 CHICO CAMINO ST., MONTE VISTA, COLORADO

(d)

A written notice of the hearing shall be sent first-class mail, postage prepaid, with a certificate of mailing, by the City at least twenty (20) days prior to the hearing date, to property owners within three hundred (300) feet of the subject property.

(e)

The City Council, within thirty (30) days of the public hearing, shall approve, approve with modifications or disapprove the application. The decision of the City Council shall be transmitted to the Planning and Zoning Commission and to the applicant.

(Ord. 789 §18-106, 2006; Ord. 811 §1, 2009)

When the zoning district map is in any way to be changed or amended incidental to or as a part of a general revision of this Chapter, whether the revision is made by repeal of the existing zoning ordinance and enactment of a new zoning ordinance or otherwise, the notice by mailing designated in Section 12-3-320 of this Chapter shall not be required.

(Ord. 789 §18-107, 2006)

In granting an amendment to the official zoning map, upon application by a property owner or his or her authorized agent, the City Council may require the dedication of additional street rights-of-way where an officially adopted street plan indicates a need for increased width or where the nature of the proposed development warrants increased street width. The City Council may require permanent screening or other buffering techniques to minimize conflict with residential land use.

(Ord. 789 §18-108, 2006)

(a)

Any person applying to the courts for a review of any decision made under the terms of this Article shall apply for review within thirty (30) days after the date of decision and is required to pay the cost of preparing a transcript of proceedings.

(b)

The application for review shall be in the nature of certiorari under Rule 106(a)(4) of the Colorado Rules of Civil Procedure.

(c)

The City is entitled to appeal any decision of the district court under Rule 106 proceedings.

(Ord. 789 §18-109, 2006)

The City Clerk shall maintain a record of amendments to the text and official zoning map of this Chapter in a form convenient for the use by the public.

(Ord. 789 §18-110, 2006)

(a)

Zoning of land in the process of annexation may be done in accordance with the procedure and notice requirements of this Article and Section 31-12-101, et seq., C.R.S. The proposed zoning shall not be passed on final reading prior to the date when the annexation ordinance is passed on final reading, but the ordinance annexing the property can also zone the property.

(b)

Any area annexed shall be brought under the provisions of this Chapter and the map thereunder within ninety (90) days from the effective date of the annexation ordinance, irrespective of any legal review which may be instituted challenging the annexation. During the ninety-day period, or such portion thereof as is required to zone the territory, site permits and building permits shall not be issued for any portion of the newly annexed area.

(Ord. 789 §18-111, 2006)