In their interpretation and application, the provisions of these zoning regulations shall be held to be minimum requirements adopted for the promotion of the public health, safety, convenience, comfort, prosperity and general welfare of the community.

(1)

Uniformity of regulations. The regulations established within each zone by this article shall apply uniformly to each class or type of structure or land. Unless exceptions are specified in this Code, the following interpretations shall apply:

a.

No building, structure or land shall be used or occupied, and no building or structure or part thereof shall be erected, changed, constructed, moved, demolished, or structurally altered, unless in conformance with all of the regulations herein specified for the zone in which it is located.

b.

No part of a yard, other open space, off-street parking or loading space around or in connection with any building that is in compliance with this Code shall be combined with part of a yard, open space, off-street parking or loading space that has not been zoned unless it is considered a specific exception as stated in this article.

c.

No yard or lot existing or approved at the time of adoption or any amendment to this Code shall be reduced in dimension or area below the minimum requirements set forth herein as a result of such adoption or amendment.

d.

Any use not permitted in a zone, either specifically or by interpretation by the Town Council as provided in this Code, is hereby specifically prohibited from that zone.

(2)

Conflict with other provisions of law. Whenever the requirements of this article are inconsistent with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive standards shall govern.

(3)

Conflict with private covenants or deeds. In case of a conflict between this Code and any private restrictions, the provisions of this Code shall control for purposes of enforcement by the Town. The Town shall have no responsibility to enforce private covenants or deed provisions.

(4)

Zoning of annexed territory.

a.

Zoning of land during annexation may be done in accordance with the procedure and notice requirements of this article. The proposed zoning ordinance shall not be passed before the date when the annexation ordinance is passed.

b.

Any area annexed shall be brought under the provisions of this article and the zoning map within ninety (90) days from the effective date of the annexation ordinance, despite any legal review that may be made challenging the annexation. During such ninety-day (90-day) period, or such portion thereof as is required to zone the territory, the Town shall not issue a building permit for any portion or all of the newly annexed area.

(Ord. 2021-08 §2)

The purpose of this article is to create a vital, cohesive, well-designed community in order to enhance the Town's small-Town character and further the citizens' goals as identified in the Comprehensive Plan. These zoning regulations are designed to:

(1)

Encourage the most appropriate use of land throughout the Town and ensure logical growth of the various physical elements of the Town

(2)

Regulate and restrict the location and use of buildings, structures and land for residence, business, trade, industry or other purposes

(3)

Regulate and determine the size of building lots, yards and other spaces

(4)

Prevent the overcrowding of land, promote quality development, ensure efficiency in land use, lessen congestion, increase safety in travel and transportation and encourage development that supports the long-term stability and livability of the Town

(5)

Promote the health, safety and general welfare of Town residents

(Ord. 2021-08 §2)

(a)

Zoning districts. In order to carry out the provisions of this Code and the Comprehensive Plan, the Town is divided into the following zoning districts, which are further defined in Article 6 of this Code:

(1)

Rural Residential

(1a)

Rural Residential Conservation

(1b)

Rural Residential Agricultural

(2)

Suburban Perimeter

(3)

Town Core

(4)

Development Nodes

(4a)

Development Node Industrial

(b)

Official zoning map. The boundaries and classifications of established districts are as depicted on the "Town of Severance Official Zoning Map," which may from time to time be revised, updated or redrafted. The zoning map adopted and to be used for reference shall be that map bearing the most recent date of publication, which has been signed by the chair of the Planning Commission and the Mayor.

(1)

Interpretation of zoning district boundaries. In the event that uncertainty exists on the zoning map, district boundaries shall be on section lines, lot lines, the centerlines of highways, streets, alleys, railroad rights-of-way or such lines extended; municipal corporation lines; natural boundary lines such as streams or other lines to be determined by the use of scales shown on the map.

(2)

Amendment upon zoning or modification. Upon enactment of any ordinance annexing and establishing zoning or modifying existing zoning for any property and upon final passage thereof, the Town shall amend the prior existing zoning map to include the annexed area with the proper zoning classification or show the amended classification. Such updated official map shall contain, in table form, the date and number of the ordinance amending it, the title of the change, the date the map was amended to reflect each amendment and the initials of the person who checked and approved the change to the map.

(3)

Cost for amending zoning. Any person who proposes zoning for property being annexed or proposes modifying existing zoning shall bear the entire cost of amending the zoning map, including all notification costs. The Town shall provide applicants with a copy of the current fee schedule and a fee agreement form upon request.

(4)

Public inspection; storage of original. A copy of the zoning map shall be available and on display at Community Development during normal business hours. In addition, one (1) copy of the current zoning map and all prior zoning maps that have been adopted shall be held in a secure place by the Town Clerk, who shall act as custodian thereof, and the map shall not be amended, changed, updated or otherwise modified or let out of direct control of the Town Clerk for any reason whatsoever. The secured map is to be released for inspection only upon authorization of the Town Clerk.

(Ord. 2021-08 §2)

(a)

General application of uses.

(1)

Uses designated as "uses by right" are allowed in a zone district as a matter of right but shall be required to conform to all requirements of this Code. If Code requirements are not met the Town reserves the right to deny a project based on non-compliance. Uses classified as "encouraged uses" are uses that are generally compatible and encouraged in a zoning district, but not allowed as a matter of right. These uses will be approved based on compliance with the Code as well as compatibility with adjacent land uses. Uses classified as "uses requiring additional review" are not allowed as a matter of right but may be approved by the Town Council with certain justification above and beyond the requirements of this Code. All uses must meet the requirements of this Code or be allowed as a legal non-conforming use with approval by the Town Council, otherwise they are not permitted.

(2)

Land uses not otherwise identified in this Code may be proposed. In order to allow such uses, the new or unlisted land use must be determined to be similar to either an encouraged use or use requiring additional review listed within that zone district. The term "similar" shall mean that the use can be reasonably interpreted to fit into a similar use category as identified in this Code. Town Staff will make a written determination regarding any request for a land use not listed in this Code. If a determination is made that the proposed use is similar to either a listed encouraged use or a use requiring additional review, it will be processed as a use requiring additional review under the provisions of this Code.

(b)

Requirements of zone districts. Uses and requirements of zone districts are defined in Article 4 of this Code.

(Ord. 2021-08 §2)

(a)

Nonconforming uses/buildings. Except as provided in this article, the lawful use of any buildings or land existing at the time of enactment of this Code or any amendments to this Code may be continued even though such use does not conform to the requirements of this Code. Nonconforming uses and buildings include signs, lots, uses, buildings, landscaping or activities that do not comply with the current requirements of this Code.

(b)

General provisions.

(1)

Whenever a nonconforming use or building has been discontinued for a period of one hundred eighty (180) days, such use shall not thereafter be reestablished, and any future use shall be in conformance with the provisions of this article.

(2)

Any building or structure for which a building permit has been issued prior to the date of enactment of this Code may be completed and used in accordance with the Plans, specifications and permits on which said building permit was granted if construction is commenced within sixty (60) days after the issuance of said permit and diligently pursued to completion.

(3)

No nonconforming use or building shall be altered, extended or restored so as to displace any conforming use.

(4)

Ordinary repairs and maintenance of a nonconforming building shall not be deemed an expansion of such nonconforming building and shall be permitted.

(5)

A nonconforming building that has been damaged by fire or other causes may be restored to its original condition, provided that such work is commenced within one hundred eighty (180) days of such calamity.

(6)

Any nonconforming building or portion thereof declared unsafe by the building inspector may be replaced, strengthened or restored to a safe condition.

(Ord. 2021-08 §2)

(a)

Purpose. Pursuant to Section 31-23-307(1), CRS, the Town Council hereby appoints itself to serve as the BOA. The BOA shall hear and decide variances and appeals, and review any order, requirement, decision or determination made by any administrative official charged with the enforcement of any ordinance with respect to the zoning Code of the Town with respect to Article 6, Land Use, or Article 9, Signs, of this Code. The BOA shall have the following powers and duties, all of which shall be subject to and in compliance with the laws of the State, in harmony with the purpose and intent of this Code and the most appropriate development of the neighborhood:

(1)

To hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with enforcement of the provisions of this Code.

(2)

To authorize variances from the terms of this Code in which the strict enforcement of this Code would create a situation that would result in unreasonable application of these standards or circumstances in which the property owners affected most directly, i.e. neighbors, concur in writing with the variance, provided that such relief may be granted without substantial detriment to the neighborhood or the public good and without substantially impairing the intent and purposes of this Code, and further provided that there are exceptional circumstances applying to the specific piece of property that do not generally apply to the remaining property in the same zoning area or neighborhood, and further provided that no variance shall authorize any use other than the uses permitted in the zoning district. If the hardship on which the request for variance is based, in whole or in part, is self-inflicted, that will be a highly significant fact that is a material element bearing on the issue and will weigh heavily against the owner or applicant seeking the variance.

(3)

To authorize, as variances, alterations in nonconforming uses and buildings, provided that the BOA determines that:

a.

The total area devoted to the altered nonconforming use will not be greater than the total area devoted to the current nonconforming use.

b.

The altered nonconforming building or use will not have any greater adverse impact on the neighborhood than the current nonconforming building or use.

(4)

To perform all of the duties specified in Section 31-23-307, CRS, together with all other duties or authority that the laws of the State may hereafter confer on it.

(b)

Procedures generally. The Board of Adjustment shall hold a public hearing on all applications and appeals, subject to the following:

(1)

Notice shall be given in accordance with the provisions of Section 16.1.160 of this Code.

(2)

Unless otherwise stated in the BOA's minutes, all variances granted shall be commenced within six (6) months of the time such variance is granted; otherwise, the variance shall be null and void.

(3)

The concurring vote of the majority of the BOA shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant in order to affect any variance.

(c)

Appeal procedures. Every appeal to the BOA shall be filed in writing not later than thirty (30) days from the date of the order, requirement, decision or determination being appealed. The BOA shall have no jurisdiction on any appeal not brought within thirty (30) days from the date of the order, requirement, decision or determination.

(1)

Purpose. The BOA, referred to in this section as the "Board," shall hear and decide appeals from any order, requirement, decision or determination made by any administrative official charged with the enforcement of this Code. In addition, the Board shall hear and decide all requests for a variance from the requirements of this Code. Such variance shall not be granted if it would be detrimental to the public good, create a conflict with the Comprehensive Plan or impair the intent and purpose of this Code.

(2)

Appeal application.

a.

Any aggrieved person of interest may appeal a denial of a building or other development permit or any order, requirement, decision, interpretation or determination made by an administrative official charged with the enforcement of this Code.

b.

An appeal to the Board shall be made within ten (10) days after denial of a building or other development permit or receipt of a written notice of an order, requirement, decision, interpretation or determination by an official of the Town. Failure to make a timely appeal shall be considered a waiver of the appellant's rights to appeal to the Board.

c.

The applicant shall file with the Town Clerk a written notice of appeal on a form approved by the Town Staff and shall pay the fee set by the current fee schedule.

d.

The Town Clerk shall forward a copy of the notice of appeal to the Town Planner, Town Manager or other appropriate administrative officer, who shall prepare a record of the Town action that is being appealed for consideration by the Board.

(3)

Variance application.

a.

Any person of interest or an officer or department of the Town may apply to the Board for a variance from the literal interpretation of the provisions of this Code.

b.

For a variance request, the applicant shall submit the following to the Town Clerk:

1.

Land use application form

2.

Variance request letter

3.

Title commitment, current to within thirty (30) days from the date of the application submittal

4.

ExPlanatory letter identifying the variance being requested, a citation of the portion of this Code from which relief is requested and exPlanation of the exceptional condition, practical difficulty or unnecessary hardship that exists to require the variance. The letter shall also address how the variance, if granted, will not be detrimental to the public good, create a conflict with the Comprehensive Plan or impair the intent and purpose of this Code.

5.

Map. Town Staff will dictate map requirements based on the variance being requested. The map shall typically consist of a scale drawing depicting the property affected by the variance request, including but not limited to required or existing setbacks and proposed setbacks from adjacent lot lines or structures and any other information that will assist the Board in understanding the request.

6.

Surrounding and interested property ownership report. Applicant shall provide a current list that is not more than thirty (30) days old of the names and addresses of the surrounding property owners within three hundred (300) feet of the property, mineral interest owners and lessees of record for the property and appropriate ditch companies. The applicant shall certify that the report is complete and accurate.

7.

Public hearing notification envelopes. Applicant shall provide one (1) set of stamped, addressed, certified, return receipt requested envelopes. The envelopes shall have the Town's address as the return address and shall be addressed to the surrounding property owners within three hundred (300) feet of the property, mineral interest owners and lessees of record for the property and the appropriate referral agencies.

(4)

Set public hearing and public and referral agency notification.

a.

The Town Clerk shall send notice of public hearing to the applicant, all property owners of record within three hundred (300) feet of the property in question, all mineral interest owners of record, oil and gas lessees for the property and the appropriate referral agencies no less than thirty (30) days before the hearing.

b.

The Town Clerk shall publish notice in a newspaper of general circulation. The hearing may be held no less than fifteen (15) days from the date of advertising.

c.

The applicant shall prepare and post on the property a public hearing notification sign no less than fifteen (15) days before the hearing.

d.

Reserved.

e.

Board public hearing and action on request.

f.

The Board shall make the decision on appeals and variances at a regular meeting of the Board.

g.

The applicant for a variance has the burden of proof to establish the necessary facts to warrant favorable action of the Board.

h.

The Board may in whole or in part affirm, reverse or amend the decision of the applicable Town administrative official.

i.

The Board may impose reasonable conditions in its order to be complied with by the applicant in order to further the purposes and intent of this Code.

j.

The Board may impose any reasonable conditions on the issuance of a variance and may amend the variance from that requested.

k.

No single decision of the Board sets a precedent. The decision of the Board shall be made on the particular facts of each case.

l.

Variances granted by the Board shall be recorded by the Town Clerk with the County Clerk and Recorder.

m.

Any appeal of the decision of the Board may be made to the district court as provided by law, provided that such appeal is made prior to thirty (30) days following the date of the final action taken by the Board, as stated by Rule 106 of the Colorado Rules of Civil Procedure.

(5)

Appeal criteria for approval.

a.

The Board, when hearing an appeal from an interpretation of this Code, shall consider:

1.

The technical meaning of the provision being appealed

2.

Evidence of the manner in which the provision has been interpreted in the past

3.

The positive or negative impact of the requested appeal on the achievement of stated Town development goals and objectives

4.

The intent of the provision in implementing the Comprehensive Plan

b.

When approving a requested interpretation, the Board shall provide a written record of its findings and the Town Staff shall use it to propose amendments that address future interpretation problems.

(6)

Variance criteria for approval.

a.

The Board shall not grant a variance to this Code that:

1.

Permits a land use not allowed in the zoning district in which the property is located

2.

Is in the public right-of-way or on public property

3.

Alters any definition of this Code

4.

Is other than the minimum variance that will afford relief with the least modification possible to the requirements of this Code

5.

Is based on physical conditions or circumstances of the property that are so general or recurring in nature as to reasonably make practicable the formulation of a general regulation to be adopted as an amendment to this Code

6.

Is based exclusively on findings of personal or financial hardship (convenience, profit or caprice shall not constitute undue hardship)

(7)

In order to grant a variance to this Code, the Board shall find that all of the following have been satisfied:

a.

There are unique physical circumstances or conditions, such as irregularity, narrowness or shallowness of the lot, or exceptional topographical or other physical condition particular to the affected property.

b.

Because of these unique physical circumstances or conditions, the property cannot be reasonably developed or used in compliance with the provisions of this Code.

c.

Due to such unique physical circumstances or conditions, the strict application of this Code would create a demonstrated hardship.

d.

The demonstrable hardship is not self-imposed.

e.

The variance, if granted, will not adversely affect the proposed development or use of adjacent property or the neighborhood.

f.

The variance, if granted, will not change the character of the zoning district in which the property is located.

g.

The variance, if granted, is in keeping with the intent of this Code.

h.

The variance, if granted, will not adversely affect the health, safety or welfare of the citizens of the Town.

(8)

The condition of any variance authorized shall be stated in writing in the minutes of the Board with the justifications set forth.

(Ord. 2021-08 §2)

(a)

Purpose. The Town Council may authorize waivers from this Code in cases in which, due to exceptional conditions peculiar to the site, practical difficulties or an unnecessary hardship are placed on the landowner. Such waiver shall not be granted if it would be detrimental to the public good, create a conflict with the Comprehensive Plan or impair the intent and purpose of this Code.

(b)

Processes suitable for waiver request. Applicants may seek a waiver from all or portions of the following processes identified in this Code:

(1)

Subdivision procedures, including portions of concept, preliminary or final platting requirements

(2)

Zoning and land use regulations limited to setback encroachments or height limitations

A waiver request may be made at any time and/or may be made in conjunction with a concept or preliminary or final plat application.

(c)

Waiver application; waiver request in conjunction with other applications. The applicant shall submit the following to the Town in conjunction with another application (i.e. zoning amendment): explanation letter identifying the waiver being requested and explaining what exceptional condition, practical difficulty or unnecessary hardship exists to require the waiver. The letter shall also address how the waiver, if granted, will not be detrimental to the public good, create a conflict with the Comprehensive Plan or impair the intent and purposes of this Code.

(d)

Waiver criteria for approval. The condition of any waiver authorized shall be stated in writing in the minutes of the Town Council with the justifications set forth. Waivers may be granted only if they meet the following criteria:

(1)

The waiver, if granted, will not alter the essential character of the neighborhood or district in which the property is located, nor diminish the value, use or enjoyment of adjacent property.

(2)

The waiver, if granted, is the minimum waiver of applicable Code provisions that will afford relief and is the least modification possible of the Code provisions that are in question.

(3)

The applicant has not created such practical difficulties or unnecessary hardship.

(4)

The waiver, if granted, will result in an outcome that equally meets or exceeds the goals of the Comprehensive Plan and this Code.

(Ord. 2021-08 §2)

(a)

Initiation of amendments to text or official zoning map. The Town Council may, from time to time, amend, supplement, change or repeal the regulations and provisions of this Code. The Town Council, Town Staff or Planning Commission may initiate amendments to the text of this Code. Amendments to the zoning district map may be initiated by the Town Council, Town Staff, Planning Commission or a real property owner in the area to be included within the proposed amendment.

(b)

General rezoning of the Town. Whenever the zoning district map is in any way to be changed or amended incidental to or as part of a general revision of the zoning Code, whether such revision is made by repeal of the existing zoning Code and enactment of a new zoning Code or otherwise, the requirement of an accurate survey map or other sufficient legal description thereof, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change, shall be waived. However, the proposed zoning map shall be available for public inspection in the Town hall during regular business hours for fifteen (15) days prior to the public hearing on such amendments.

(c)

Zoning amendment application process.

(1)

Optional pre-application conference. The applicant may attend a pre-application conference with a representative from the Town. The purpose of the hearing is to discuss the zoning amendment, submittal requirements and review process.

(2)

Zoning amendment application submittal. The applicant shall submit two (2) hard copies and a digital file of the complete zoning amendment application package to the Town and shall request that the Planning Commission and Town Council review the application. Note: In the case of text amendments, only subparagraphs a. and b. that follow are required.

a.

Completed land use application form, zoning amendment, application fee and fee agreement

b.

Written description of the proposed change to the text of this article, including the citation of the portion of the article to be changed and the wording of the proposed change. The description must provide the rationale for the proposed change, citing specific difficulties with the existing text and similar provisions in zoning Codes of other jurisdictions that support the rationale of the proposed change.

c.

Legal description for all property to be considered for rezoning.

d.

Current proof of ownership in the form of a title commitment issued within thirty (30) days of submission of the application (for zoning map amendments only).

e.

Zoning amendment map of the area included in the proposed change, twenty-four (24) inches high by thirty-six (36) inches wide, with the following information:

1.

North arrow, scale (1" = 100' or 1" = 200') and date of preparation.

2.

Subdivision or block and lot name of the area to be zoned (if applicable) at the top of each sheet.

3.

Legal description of area to be zoned (entire area and individual zoning districts). In unsubdivided property, zone boundaries shall be determined by a metes and bounds description.

4.

Location and boundaries, including dimensions, of the properties proposed for rezoning. (Note: Zone boundaries are to be the centerlines of physical streets, roads, highways, alleys, railroad rights-of-way and channelized waterways or such lines extended).

5.

Acreage or square footage contained within the property proposed for rezoning.

6.

All existing land uses in the proposed rezoning area.

7.

Zoning and existing land uses on all lands adjacent to the proposed rezoning.

8.

Location and dimensions for all existing public rights-of-way, including streets, and centerlines of watercourses within and adjacent to the rezoning.

9.

Names of all adjoining subdivisions with lines of abutting lots and departing property lines of adjoining properties not subdivided.

10

Certificate blocks for surveyor, Planning Commission, Town Council and Weld County Clerk and Recorder.

11

AutoCAD™ drawing (release 2010 or higher) of the zoning amendment map on acceptable electronic transfer.

f.

A written statement describing the proposal and addressing the following points:

1.

Rationale for the proposed rezoning.

2.

Present and future impacts on the existing adjacent zone districts, uses and physical character of the surrounding area.

3.

Impact of the proposed zone on area accesses and traffic patterns.

4.

Availability of utilities for any potential development.

5.

Present and future impacts on public facilities and services, including but not limited to fire, police, water, sanitation, roadways, parks, schools and transit.

6.

The relationship between the proposal and the Comprehensive Plan.

7.

Public benefits arising from the proposal.

g.

Surrounding and interested property ownership mailing labels. The applicant shall provide the Town with two (2) current sets of mailing labels not more than thirty (30) days old of the names and addresses of the surrounding property owners (within one thousand [1,000] feet of the property), mineral interest owners of record, mineral and oil and gas lessees for the property and appropriate ditch companies. The applicant shall certify that the report is complete and accurate.

(3)

Zoning amendment application certification of completion. Within a reasonable period of time, Town Staff shall either certify that the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. The applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application to the Town. The original application and all documents requiring a signature shall be signed in blue ink.

(4)

Set zoning amendment public hearing and complete public notification process. No less than thirty (30) days prior to the scheduled public hearing, the Town shall send notice of public hearings to the applicant, all property owners of record within one thousand (1,000) feet of the property in question, all mineral interest owners, oil and gas lessees of record and the appropriate referral agencies. The Town shall also publish notice in a newspaper of general circulation. For zoning map amendments, the Town shall prepare a public hearing notification sign to be posted on the property within thirty (30) days as well. If the zoning amendment request is accompanying another application that is scheduled for public hearings before the Planning Commission and Town Council, one (1) public hearing may be held on both applications. Such notice shall not be required for text amendments.

(5)

Planning Commission public hearing and motion and Town Council' ratification on the zoning amendment. The Planning Commission shall hold a public hearing to review the zoning amendment. The Planning Commission shall then make a motion to approve, conditionally approve, or deny the application that the Town Council will ratify.

(6)

Town Council public hearing and action on the zoning amendment. The Town Council shall, after receiving the report and recommendations from the Planning Commission, hold a public hearing and act upon the proposed amendment. The public hearing should be held at the first available Town Council hearing following the Planning Commission hearing. Following the required hearing, the Town Council shall consider the comments and evidence presented at the hearing, evaluate the application in accordance with the following criteria and approve, approve with conditions or deny the application, in whole or in part.

(7)

Post-approval actions.

a.

Upon approval of an amendment to the official zoning map by the Town Council, the Town shall cause an appropriate revision of the official zoning map to be prepared. In the event an interested party initiated the zoning amendment, the petitioner shall pay the Town's cost for the preparation of the revision to the official zoning map.

b.

Upon approval of an ordinance amending, changing or repealing part of the text of this Code, the Town shall certify a copy of the ordinance and place it in the official records of the Town and make appropriate supplements to this Code.

c.

The applicant initiating the official zoning map amendment shall have thirty (30) days after approval of the amendment by the Town Council to submit to the Town two (2) original drawings of the approved zoning amendment map for recording, along with the recording fees and all other costs billed by the Town relative to the zoning amendment.

d.

A licensed surveyor or engineer shall prepare the zoning amendment map. Inaccurate, incomplete or poorly drawn Plans shall be rejected. In addition, the petitioner shall submit one (1) reduction of the zoning amendment map sized eleven (11) inches by seventeen (17) inches and an AutoCAD™ drawing file (release 10 or higher).

e.

Within thirty (30) days of receipt of an applicant-initiated zoning amendment map, the Town shall review the documents for compliance with the Town Council' approval, obtain the Town officials' signatures and submit the approved zoning amendment map and the ordinance amending the official zoning map to the Weld County Clerk and Recorder for recordation.

(d)

Criteria for amendments to the official zoning map. For the purpose of establishing and maintaining sound, stable and desirable development within the Town, the zoning map shall not be amended except:

(1)

To correct a manifest error in an ordinance establishing the zoning for a specific property.

(2)

To rezone an area or extend the boundary of an existing district because of changed or changing conditions in a particular area or in the Town generally.

(3)

When the land to be rezoned was zoned in error and as presently zoned is inconsistent with the policies and goals of the Comprehensive Plan.

(4)

When the proposed rezoning is necessary to provide land for a community-related use that was not anticipated at the time of the adoption of the Comprehensive Plan, and the rezoning will be consistent with the policies and goals of the Comprehensive Plan.

(5)

When the area requested for rezoning has changed or is changing to such a degree that it is in the public interest to encourage development or redevelopment of the area.

This declaration of criteria for zoning map amendments shall not control an amendment that occurs incidentally to a general revision of the zoning map.

(e)

Criteria for text amendments to the zoning Code. For the purpose of establishing and maintaining sound, stable and desirable development within the Town, the text of this article shall not be amended except to:

(1)

Correct a manifest error in the text of this Article.

(2)

Provide for changes in administrative practices as may be necessary to accommodate changing needs of the community and the Town Staff.

(3)

Accommodate innovations in land use and development practices that were not contemplated at the adoption of this Article.

(4)

Further the implementation of the goals and objectives of the Comprehensive Plan.

(f)

Map amendment upon zoning establishment or modification. Upon enactment of any ordinance annexing and establishing zoning or modifying existing zoning for any property and upon final passage thereof, the Town shall amend the prior existing official maps to include the annexed area with the proper zoning classification or show the amended classification, as the case may be. Such updated zoning map shall contain, in table form, the date and number of the ordinance amending it, the date the map was amended to reflect each amendment and the initials of the person who checked and approved the change to the map.

(Ord. 2021-08 §2)

(a)

The Town Council will be acting in a quasi-judicial manner. At the end of each hearing on an application, it should enter a resolution making findings of fact in support of its decision to approve or deny any project or variance.

(b)

The findings of fact should include that:

(1)

The Town has jurisdiction (i.e. the proposed development is within the Town's boundaries).

(2)

The proposed development or variance is located in the _______ Planning zone.

(3)

The proposed use is within the uses authorized for the proposed location.

(4)

Based on the evidence presented by the applicant and the reports of the Town Staff:

a.

The proposal is consistent with the Comprehensive Plan.

b.

The infrastructure impacts have been properly identified and addressed with appropriate fees or in-kind agreements to be reflected in any subsequent development agreement.

c.

The impact on the neighborhood is or is not acceptable, considering the benefits to be obtained by the granting of the application.

(5)

The application or variance shall or shall not be subject to future review or revocation.

(6)

Town Staff is authorized to prepare a development agreement for Town Council' approval consistent with their findings (if approved).

(Ord. 2021-08 §2)