Any portion of this title and/or the zoning map may be changed whenever the public necessity, health, safety, general welfare and/or good zoning practices justifies such action. Any such change shall be made only by the governing body of the municipality.

(Ord. 322 § 10.1, 1991)

A resolution for the amendment of any portion of this title or of any zone district boundaries may be initiated by any member of the governing body, the planning commission, any administrative officer of the municipality or by one or more of the owners of property within the area for which the amendment is requested. The request for such change shall be submitted in writing to the zoning administrator on a form provided for the purpose.

(Ord. 411 (part), 1991; Ord. 322 § 10.2, 1991)

All requests for amendments to this title or the zoning map, except those initiated by the governing board or the planning commission, or any administrative officer of the municipality, shall be accompanied by a fee of twenty-five dollars ($25.00) plus the cost of legal advertising, which costs must be paid and a receipt therefore be presented to the commission secretary before the hearing for said application is scheduled. Fees are to be made payable to the town of Ordway. The zoning administrator shall receive the application for an amendment and all documents to be transmitted to the secretary of the planning commission within two working days of its receipt by the zoning administrator.

(Ord. 322 § 10.3, 1991)

Upon receipt of the application for an amendment and all supporting documentation as transmitted by the zoning administrator, the secretary of the planning commission shall cause said application to be placed on the agenda of the regular meeting in the next month of the planning commission, provided that at his or her discretion, or at the request of any member of the planning commission, he or she shall cause it to be placed on the agenda of an earlier regular or special meeting. The secretary shall submit a written or verbal report of the application, its documentation, and such other information as he or she deems pertinent at the meeting at which the application is to be first considered.

(Ord. 322 § 10.4, 1991)

A.

At the meeting at which the application is on the agenda for first consideration, the planning commission shall receive and file the application, documentation and the written report of the secretary; hear or receive and file a presentation by the applicant; and set a date and time for a public hearing, which date shall not be later than sixty (60) days from receipt of such application.

B.

The county planning commission shall cause notice to be published as required by law at least once in a newspaper of general circulation in the county not less than fifteen (15) days prior to the public hearing, and if for a change in the zoning map shall cause notice of the public hearing on the proposed changes to be sent to owners of the lots included in such proposed change, or those immediately adjacent thereof extending one hundred (100) feet therefrom, or of those directly opposite thereto; extending one hundred (100) feet from the street frontage of such opposite lots, and to such other persons as in the judgment of the secretary should be notified, such notice to be given not less than fifteen (15) days before the date set for the hearing. Such notice may be served by depositing same, properly addressed and postage paid in the post office.

(Ord. 322 § 10.5, 1991)

The planning commission shall then hold a public hearing and may recommend approval or disapproval of the proposed amendment in whole or in part. The action of the planning commission shall be in writing and shall contain the following findings of fact and shall include a statement setting forth those factors which the planning commission considered controlling factors in reaching its decision.

A.

The proposed amendment is in conformance with the land use plan.

B.

The change requested promotes the public necessity, health, safety and general welfare and is consistent with good land use and zoning practice.

(Ord. 322 § 10.6, 1991)

The recommendation shall within sixty (60) days of receipt thereof be referred to the governing body and a resolution embodying the recommendation, in whole or in part, may be adopted by the governing body after a public hearing thereon as required by law.

(Ord. 322 § 10.7, 1991)

During the first thirty (30) days following the one-year anniversary of the effective date of any resolution changing the zoning map, the planning commission shall review the proposed development of the subject area in the field to determine whether the development intended by the amendment is being undertaken in good faith. If such development is not underway in keeping with said intent, the planning commission may initiate action to rezone the subject area back to the classification it had prior to the change in zoning or to any other more appropriate classification.

(Ord. 322 § 10.8, 1991)

A.

The Official Zoning Map: Ordway, Colorado, is hereby amended as set forth below.

B.

The following parcel, located within the municipal boundaries of the town of Ordway, is hereby rezoned from R-1, Single-Family Residential District, to C-1, Commercial. The rezoned parcel is described more particularly as follows:

Beginning at the Northwest corner of Block 2, Eagle Nest Subdivision, Filing No., 1; thence N.89°39'41"E., along the North line of said block 64, a distance of 707.21 feet to the TRUE POINT OF BEGINNING; thence continuing N.89°39'41"E., 230.00 feet; thence S.0°27'03"E., 400.00 feet to the True Point of Beginning. All bearings referred to herein are based upon Global Position System Observations. In the County of Crowley, State of Colorado.

C.

All ordinances or parts of ordinances in conflict with this section are hereby repealed or amended to the extent necessary to conform with this section.

D.

Should any section, clause or provision of this section be declared to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of this section as a whole, or any part thereof, other than the part declared to be invalid.

(Ord. No. 534, 4-24-2017)

In the event the proposed amendment is denied by the governing body, no new request for the same or a substantially similar amendment shall be heard by the governing body within one year of such denial.

(Ord. 322 § 10.9, 1991)

The findings and decisions of the governing body shall be final. Appeals to District Court shall be made within thirty (30) days from the date of governing body's action.

(Ord. 322 § 10.10, 1991)