Any portion of this Chapter and/or the Zoning Map may be changed whenever the public necessity, health, safety, general welfare and/or good zoning practices justify such action. Any such change shall be made only by the City Council.

(Prior code, § 12.20.010; Ord. No. 914, § 1, 2-9-2016)

An ordinance for the amendment of any portion of this Chapter or of any zone district boundaries may be initiated by any member of the City Council or the Planning Commission, an administrative officer of the City or one or more of the owners of the 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 that purpose.

(Prior code, § 12.20.020; Ord. No. 914, § 1, 2-9-2016)

All requests for amendments to this Chapter or the Zoning Map, except those initiated by the City Council, the Planning Commission or any administrative office of the City, shall be accompanied by a fee as set forth in the City's Fee Schedule plus the cost of legal advertising, which costs shall be paid and a receipt therefor presented to the Planning Commission Secretary before the hearing for said application is scheduled. Fees shall be made payable to the City of Rocky Ford. The Zoning Administrator shall receive the application for an amendment and all supporting documents, to be transmitted to the Secretary of the Planning Commission within ten working days of its receipt by the Zoning Administrator.

(Prior code, § 12.20.030; Ord. No. 914, § 1, 2-9-2016)

Upon receipt of the application or 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 next Planning Commission 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.

(Prior code, § 12.20.040; Ord. No. 914, § 1, 2-9-2016)

(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 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 60 days from receipt of such application.

(b)

The Planning Commission shall cause notice to be published, as required by law, at least once in a newspaper of general circulation in the City not less than 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, those property owners with property within 350 feet of the new zone boundary, and such other persons as in the judgment of the Secretary should be notified. Such notice shall be given not less than 15 days before the date set for the hearing. Such notice may be served by depositing the same, properly addressed and postage paid, in the post office.

(Prior code, § 12.20.050; Ord. No. 914, § 1, 2-9-2016)

The Planning Commission shall 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, shall contain the following findings of fact and shall include a statement setting forth those factors which the Planning Commission considered to be controlling factors in reaching its decision:

(1)

The proposed amendment is in conformance with the Comprehensive Plan.

(2)

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

(Prior code, § 12.20.060; Ord. No. 914, § 1, 2-9-2016)

The recommendation shall, within 60 days of receipt thereof, be referred to the City Council and an ordinance embodying the recommendation, in whole or in part, may be adopted by the City Council after a public hearing thereon as required by law.

(Prior code, § 12.20.070; Ord. No. 914, § 1, 2-9-2016)

During the first 30 days following the one-year anniversary of the effective date of any ordinance 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.

(Prior code, § 12.20.080; Ord. No. 914, § 1, 2-9-2016)

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

(Prior code, § 12.20.090; Ord. No. 914, § 1, 2-9-2016)

The findings and decisions of the City Council shall be final. Appeals to the District Court shall be made within 30 days from the date of the City Council's action.

(Prior code, § 12.20.100; Ord. No. 914, § 1, 2-9-2016)