(A)   A change to a zoning district, (rezoning), shall be considered as a change to the zoning map and not a change to this chapter. Rezoning shall be effective only by resolution of the City Commission after the public hearing and public notice as hereinafter provided.

(Am. Ord. 878, passed 1-27-1998)

   (B)   In amending the number, shape, boundary, or area of any district, or any regulations pertaining to any district, or any section of this chapter, the procedure shall be as follows.

(1981 Code, App. A) (Ord. 624, Art. XVI, § 1, passed 2-25-1975)

   (A)   A zoning amendment may be proposed by:

      (1)   City Commission;

      (2)   The Planning Commission; or

      (3)   Any individual, corporation, or agency, other than those listed in divisions (A)(1) or (A)2) above.

   (B)   Any individual, corporation, or agency, other than those listed in division (A) above, wishing to request an amendment shall submit a request in writing to the City Commission along with payment of fees and charges established.

(1981 Code, App. A) (Ord. 624, Art. XVI, § 2, passed 2-25-1975)

   (A)   All proposed amendments shall be submitted to the Planning Commission for study and recommendation.

   (B)   The Planning Commission shall study the proposals to determine:

      (1)   The need and justification for the change;

      (2)   When pertaining to a change in the district classification of the property, the effect of the change, if any, on the property and on surrounding properties;

      (3)   When pertaining to a change in the district classification of property, the amount of undeveloped land in the general area and in the city having the same district classification as that requested; and/or

      (4)   The relationship of the proposed amendment to the purposes of the city’s general planning program, with appropriate consideration as to whether the proposed change will further the purposes of this chapter and the city’s Comprehensive Plan.

(1981 Code, App. A) (Ord. 624, Art. XVI, § 3, passed 2-25-1975)

   Within 30 days from the date that any proposed zoning amendment is referred to (unless a longer period shall have been established by mutual agreement between the City Commission and the Planning Commission in the particular case), the Planning Commission shall submit its report and recommendations to the City Commission. The recommendation of the Planning Commission shall be advisory only, and shall not be binding on the City Commission. If the Planning Commission does not submit its report within the prescribed time, the City Commission may proceed to act on the amendment without further awaiting the recommendations of the Planning Commission.

(1981 Code, App. A) (Ord. 624, Art. XVI, § 4, passed 2-25-1975)

   Before taking action on any proposed amendment, the City Commission shall hold a public hearing.

(1981 Code, App. A) (Ord. 624, Art. XVI, § 5, passed 2-25-1975)

   (A)   In scheduling a public hearing concerning zoning amendments, the City Commission shall cause to be published one notice in a newspaper of general circulation in the City of Raton at least 15 days prior thereto, which notice shall state the time, date, and place of hearing.

   (B)   (1)   Whenever a change in zoning is proposed for an area of 1 block or less, notice of the public hearing shall be mailed by certified mail, return receipt requested, to the owners, as shown by the records of the Colfax County Treasurer, of lots or land within the area proposed to be changed by a zoning regulation and within 100 feet, excluding public right-of-way, of the area proposed to be changed by zoning regulations.

      (2)   Whenever a change in zoning is proposed for an area of more than 1 block, notice of the public hearing shall be mailed by first class mail to the owners, as shown by the records of the Colfax County Treasurer, of lots or land within the area proposed to be changed by a zoning regulation and within 100 feet, excluding public right-of-way, of the area proposed to be changed by zoning regulation.

      (3)   If the notice by first class mail to the owner is returned undelivered, the City Manager or Building Inspector shall attempt to discover the owner’s most recent address and shall remit the notice by certified mail, return receipt requested, to that address.

(1981 Code, App. A) (Ord. 624, Art. XVI, § 6, passed 2-25-1975; Am. Ord. 699, passed 6-8-1982)

   (A)   If the owners of 20% or more of the area of the lots and land included in the area proposed to be changed by a zoning regulation or within 100 feet, excluding public right-of-way, of the area proposed to be changed by a zoning regulation, protest in writing the proposed change in the zoning regulation, the proposed change in zoning shall not become effective, except by the favorable vote of 4 members of the City Commission.

   (B)   Furthermore, whenever any proposed zoning amendment has failed to receive the approval of the Planning Commission, the same shall not be approved by the City Commission, except by the favorable vote of 4 members of the City Commission.

(1981 Code, App. A) (Ord. 624, Art. XVI, § 7, passed 2-25-1975; Am. Ord. 699, passed 6-8-1982)