Any person and any public or private agency desiring an amendment to any provision of this Title ("text amendment") or a change in the zoning map ("rezoning") shall submit to the Planning and Zoning Commission a written application containing the following:

(1)

The applicant's name and address and the name and address of any person, firm or corporation represented by such applicant in the application.

(2)

The interest of the applicant and the interest of the person, firm or corporation represented by the applicant, be it legal, sales development, operation or other interest.

(3)

The nature of the amendment.

(4)

A statement of the facts which the applicant believes justify the amendment; provided, however, that when any rezoning is requested, the following additional information shall be furnished:

a.

A legal description of the property which would be affected by such change.

b.

A general description of the proposed development to the distance which will be affected; such description including subjects of environmental effect, economic effect and traffic effect, if any; and such description carried out in scope and detail to the extent needed to support the requested amendment and as may be required by the Planning and Zoning Commission.

c.

A tentative site plan showing proposed structures, uses, open spaces, facilities for parking and loading and arrangements for pedestrian and vehicular circulation.

d.

A statement of the proposed time schedule for beginning and completion of development.

e.

A statement reasonably indicating the applicant's economic responsibility and capability of accomplishing the development for which a zoning amendment is requested.

f.

The names and current addresses of owners of real property except public thoroughfares, easements and ditches lying within three hundred (300) feet of the exterior boundaries of the property on which the change in zone is proposed, as shown on the records of the County Assessor.

(1957 Code, App. A §15(1); Ord. No. 7146 §1, 5-24-04)

(a)

The Planning and Zoning Commission shall hear applications for text amendments and rezoning and shall give notice of a public hearing thereon as follows:

(1)

The Planning and Zoning Commission shall cause written notice of public hearing on any proposed rezoning to be sent to owners of real property except public thoroughfares, easements and ditches lying within three hundred (300) feet of the exterior boundaries of the property on which the change in zone is proposed, such notice to be given not less than fifteen (15) days before the date set for the hearing. Such notice may be given by first class mail, postage prepaid, addressed to the record owners of such real property at their addresses shown on records of the County Assessor. Notice shall be posted in a conspicuous place on or near the property upon which action is pending. Such posted notice shall be not less than eighteen (18) inches by twenty-four (24) inches with black letters not less than one (1) inch in height on white background and shall be clearly visible from the street. Such notice shall be so posted at least fifteen (15) days before the date of the hearing. It shall be unlawful for any person to remove, mutilate, destroy or change such posted notice prior to the hearing.

(2)

The Planning and Zoning Commission shall cause written notice of public hearing on any proposed text amendment to be given once by publication in a newspaper as required by the City Charter at least fifteen (15) days before the date set for the hearing.

(b)

The Planning and Zoning Commission may continue any hearing for not more than sixty (60) days.

(c)

Proof of compliance with the notice requirements of this Section shall be by the written statement of the Administrative Official giving the names and addresses of the persons to whom the notice was mailed and date of mailing, a statement that the required sign was posted upon the property and the date of posting, and/or the publisher's affidavit of publication, whichever is applicable. Such proof of compliance shall become a part of the record of the Planning and Zoning Commission and forwarded to the City Council with the Planning and Zoning Commission's recommendations.

(1957 Code, App. A §15(2); Ord. No. 7146 §1, 5-24-04)

The Planning and Zoning Commission may initiate proposed text amendments and rezonings without application required by Section 17-6-1 by giving notice in accordance with Section 17-6-2 or, with respect to proposed rezonings, by giving notice by publication in a newspaper as required by the City Charter at least fifteen (15) days before the date set for the hearing. Such publication shall appear three (3) times, on separate days, and shall state the description of the property and the time and place of the hearing.

(1957 Code, App. A §15(3); Ord. No. 7146 §1, 5-24-04)

The Planning and Zoning Commission shall submit to the City Council its recommendation on any proposed text amendment and rezoning as described below. Such recommendation may be to approve, approve with conditions or disapprove the proposed text amendment or rezoning.

(1)

The applicant must submit the necessary documents to the Planning and Community Development Department within one hundred eighty (180) days after the hearing is concluded.

(2)

Unless extenuating circumstances dictate otherwise, within thirty (30) days of receiving the necessary documents, the Planning and Community Development Department shall schedule the case for City Council first reading.

(3)

Upon written request by the applicant, within one hundred eighty (180) days after the hearing is concluded, the Administrative Official, for good cause shown, may grant a ninety-day extension to submit all necessary documents.

(1957 Code, App. A §15(4); Ord. No. 7146 §1, 5-24-04; Ord. No. 8341 §2, 4-25-11)

(a)

Before any action is taken on a rezoning, the applicant requesting a rezoning shall deposit with the Finance Department an application fee as set by resolution of the City Council to cover the approximate costs of this procedure.

(b)

If the proposed rezoning is denied by the City Council, no new request shall be made for the same or a substantially similar rezoning within eighteen (18) months of such denial.

(c)

Before any action is taken, the applicant seeking an annexation shall deposit with the Finance Department an application fee as set by resolution of the City Council to cover the approximate costs of this procedure.

(d)

No application fee shall be refunded.

(1957 Code, App. A §15(5); Ord. No. 4221, 8-9-76; Ord. No. 6303 §1, 4-13-98; Ord. No. 6706 §1, 7-9-01; Ord. No. 7146 §1, 5-24-04)

(a)

From time to time, the City Council may by ordinance amend any provision of this Title (text amendment). Any such proposed text amendment shall be first presented to the Planning and Zoning Commission for its review and recommendation after public hearing thereon. Notice of such hearing before the Planning and Zoning Commission shall be published once as provided in Subsection 17-6-2(a)(2).

(b)

The City Council shall consider an application for rezoning, which application shall have followed the applicable procedures set forth in Sections 17-6-2 through 17-6-5, inclusive.

(c)

Prior to first presentation of a rezoning ordinance before the City Council, the applicant may withdraw the application and cause the ordinance to be removed from the City Council's agenda by written request filed with the City Clerk. Thereafter, the City Council may remove a rezoning ordinance from its agenda or continue a public hearing thereon upon good cause shown by the person requesting such removal or continuance at the scheduled public hearing on the ordinance. Except in an emergency, no such request may be presented to the City Council unless it has been first filed in writing specifying the grounds therefor with the City Clerk at least five (5) days prior to the date of the scheduled public hearing. A rezoning ordinance withdrawn or removed from the City Council's agenda pursuant to this Subsection shall not thereafter be submitted to the City Council except through a new rezoning application processed in compliance with Sections 17-6-1 through 17-6-5.

(1957 Code, App. A, §15(6); Ord. No. 6706 §2, 7-9-01; Ord. No. 7146 §1, 5-24-04)

(a)

Pursuant to Section 12-5 of the City Charter, the Planning and Zoning Commission is authorized to prepare and submit to the City Council for its approval a master plan for the physical development of the City ("master plan") and to recommend such modifications of the master plan, from time to time, as it deems in the City's interest.

(b)

The Planning and Zoning Commission shall hold a public hearing on a proposed master plan and any modifications thereto before submitting its recommendations thereon to the City Council. Notice of such hearing shall be given once by publication in a newspaper as required by the City Charter at least fifteen (15) days before the date of the hearing.

(c)

A master plan and any modifications thereto shall be approved and adopted by the City Council by ordinance before the same becomes effective and thereafter shall apply to all land located within the jurisdictional boundaries of the City. The master plan and modifications adopted by ordinance by the City Council are advisory only.

(d)

The provisions of Sections 17-6-1 through 17-6-6 relating to text amendments and rezoning are not applicable to the adoption or modification of a master plan.

(Ord. No. 7146 §1, 5-24-04)

(a)

At any time following the close of public hearing upon the ordinance amending the zoning map, the City Council may indicate its general approval in principle of the proposed amendment by the adoption of a "Resolution of Intent to Rezone" all or any portion of the property described in the application Such resolution shall set forth any conditions, stipulations or limitations which the City Council may determine necessary in the public interest to require as a prerequisite to final action.

(b)

The failure of the application to meet all conditions, stipulations and limitations contained in said resolution within the time limit stated therein, or within any extensions granted by the City Council, shall render said resolution a nullity for all purposes. No express finding of the City Council as to failure to meet such conditions shall be necessary in order to annul said resolution. Failure of the applicant to appear before the City Council to prove or offer to prove strict compliance with such conditions, stipulations and limitations within the time limit or any extension thereof shall be conclusive evidence of noncompliance. In all cases where proof of compliance is submitted to the City Council, the finding of compliance or noncompliance by the City Council shall be conclusive upon the applicant. In the event the City Council shall find that the conditions, stipulations and limitations set forth in the resolution have not been met, it may take the following action:

(1)

Extend the time for compliance not to exceed one (1) year from the date such extension is granted;

(2)

Completely annul the resolution and declare all structures and improvements placed thereon by the applicant to be nonconforming and order the removal of such structures and improvements within such reasonable time as shall be determined by the City Council; or

(3)

Modify and amend said resolution, provided that such modification shall not permit any use expressly or impliedly prohibited in the original resolution, and provided further that the spirit and intent of the original resolution shall be carried out. Before the City Council shall take final action on any proposed modification of a resolution of intent, such proposed modifications shall be referred to the Planning and Zoning Commission for recommendation.

(c)

After strict compliance with all conditions, stipulations and limitations in the resolution of intent as originally approved or as modified, the City Council may finally approve an ordinance effecting such amendment of the zoning map; provided always that nothing contained herein and no action taken by virtue of the above shall be construed to be a delegation, surrender or curtailment of the legislative powers, police powers or administrative authority of the City or the City Council.

(1957 Code, App. A, §15(7))

(a)

The purpose of this Section is to provide a procedure to concurrently process annexation petitions and zoning applications.

(b)

A petition for annexation or a petition for an annexation election shall be filed with the City Clerk. The City Clerk shall refer the petition to the City Council as a communication.

(c)

Upon receipt of the petition, the City Council shall by resolution either (1) determine the petition is not valid in accordance with the applicable provisions of Section 31-12-107, C.R.S., and no further action shall be taken, or (2) preliminarily determine the petition is valid and table final action on the petition for a period not more than one hundred eighty (180) days, and refer the petition to the Planning and Zoning Commission for review and recommendation.

(d)

If the Planning and Zoning Commission deems it necessary or desirable for the orderly development and growth of the City and to promote the health, safety and general welfare of the City and its inhabitants, the Planning and Zoning Commission may require as part of its petition review that a zoning application for the area proposed to be annexed be filed with the Planning and Zoning Commission. After completing the review of the annexation petition and, if required, the zoning application, the Planning and Zoning Commission shall forward its recommendation to the City Council. The Planning and Zoning Commission shall complete its review and make its recommendation within the period state in City Council's resolution referring the petition to the Planning and Zoning Commission or such later date as the City Council may establish by resolution.

(e)

Upon receipt of the recommendation of the Planning and Zoning Commission, the City Council, without undue delay, shall make a final determination by resolution whether the petition substantially complies with the applicable requirements of Section 31-12-107(1), C.R.S., and establish the date, time and place the City Council will hold a public hearing to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., or such parts thereof as may be required to establish eligibility for annexation. The hearing shall be held not less than thirty (30) days nor more than sixty (60) days after the effective date of the resolution setting the hearing.

(f)

Any ordinance zoning the area proposed to be annexed shall not be passed on final reading before the ordinance annexing the area is passed on final reading.

(Ord. No. 7632 §2, 8-13-07)