For the purposes of establishing and maintaining sound, stable, and desirable development or redevelopment within the City of Sterling, the rezoning of land and consequent amendment to the text, zoning map, or both shall be allowed only under the procedures as provided in this Chapter.

The City Council may, from time to time, amend the number, shape, boundaries, or area of any district, and the regulations or any other provisions of this Ordinance. Any such amendment shall not be made or become effective unless it has been submitted to review and written recommendation of the Planning Commission. Amendments to this Ordinance may be initiated by City Council, the Planning Commission or by application from any citizen, group of citizens, firm, or corporation having interest in the subject property, with the record property owner's consent and signature.

Application for an amendment to the text, map, or both of this Ordinance shall be filed with the Public Works Department on such forms as shall be prescribed by the Planning Commission, along with the appropriate fees. Upon staff review, the applicant shall be notified as to whether or not the application is sufficiently complete to forward to the Planning Commission.

(Ord. No. 13-1993, 9-28-93, eff. 10-8-93)

For proposed amendments to the zoning text or map, a nonrefundable fee set by City Council shall be charged to the petitioner to cover the costs of advertising and processing. A schedule of fees may be found in the Public Works Department.

A.

The following procedures shall be followed in reviewing and acting upon either a text amendment or a zone-map amendment: After review by City Staff and upon determination of completeness, the application shall be forwarded to the Planning Commission. The Planning Commission shall, within thirty (30) days after receipt of the application, hold a public hearing on the matter. A notice of said hearing shall be published in accordance with Section 112 of this Zoning Ordinance of Sterling.

B.

The following procedures shall be followed in addition to A., above, if the application is for both a text amendment and a zone-map amendment, or solely for a zone-map amendment: Written notice of the hearing shall be mailed to owners of the affected property and to all others, as provided in and pursuant to Section 112 of this Zoning Ordinance of Sterling.

C.

Upon conclusion of the hearing provided in A. above, the Planning Commission shall forward, in writing, a recommendation of approval, conditional approval, or denial to City Council and the applicant within seven (7) days of hearing.

(Ord. No. 13-1993, 9-28-93, eff. 10-8-93)

No request for text amendments shall be considered by City Council unless the Planning Commission has determined that:

A.

The amendment is consistent with and in furtherance of the stated intent and purposes of the Sterling Zoning Ordinance;

B.

The existing text is in need of amendment;

C.

Where the amendment would include a map change, the provisions governing adoption of a map amendment have been met as provided for in Section 1207 of this Chapter;

D.

Where the amendment would add to the uses listed for a zoning district that the provisions of Chapter IV, Section 405, Uses Not Itemized, have been met; and

E.

The amendment is in compliance with the Sterling Comprehensive Master Plan.

No requests for map amendments shall be considered by City Council unless the Planning Commission has determined that:

A.

There was an error in the original zoning, taking into account the impropriety of spot zoning; or

B.

There have been significant changes in the area such that it is in the public interest to encourage a redevelopment of the area or to recognize the changed character of the area; and

C.

The amendment is consistent with and in furtherance of the general intent and purposes of the Sterling Zoning Ordinance; and

D.

The amendment is in compliance with the Sterling Comprehensive Master Plan; and

E.

There is adequate justification for the rezoning; and

F.

The subject property is the correct site for the rezoning and is a reasonable parcel of land for such reclassification; and

G.

The rezoning will not have an adverse impact on community services and the surrounding area; and

H.

The rezoning will not result in undue traffic congestion or traffic hazards; and

I.

The subject property, if rezoned, can be provided with public utilities to handle new uses; and

J.

The rezoning or map amendment will not result in significant environmental problems or pollution and that any environmental constraints on the site can be reasonably overcome; and

K.

The rezoning or map amendment will not result in the creation of a substantial number of nonconformities.

(Ord. No. 5-1991, 4-9-91, eff. 4-22-91)

Protests against changes approved by Council shall be filed in a consistent manner with and pursuant to Colorado Law.

Pursuant to the provisions of the Colorado Annexation Law, zoning of land in the process of annexation shall be done in accordance with the procedure and notice requirements of this Chapter. The proposed zoning shall not be acted upon by the Council prior to the time when the Annexation Ordinance is acted upon. If the zoning process is commenced prior to the effective date of the Annexation Ordinance, the legal protest area for rezoning shall be determined solely on geographic location, irrespective of whether the land in such protest area is within, without, or partly within and without the City limits.

Any area annexed shall be brought under the provisions of this Ordinance and the map thereunder within ninety (90) days from the effective date of the Annexation Ordinance, irrespective of any legal review which may be instituted challenging the annexation. During such ninety (90) day period or such portion thereof as is required to zone the territory, the City shall refuse to issue any building permit or certificate of occupancy for any portion or all of the newly annexed area.

At the time the Planning Commission and City Council consider a rezoning request, and/or any amendments to the zoning map, the applicant shall be advised that a building permit must be obtained and construction must have commenced within a time specified by the Council in their action on the amendments. In the event these provisions have not been met, the City shall notify the property owner to show cause why the Council, at their sole and exclusive option, should not review the zoning classification and initiate proceedings to rezone the land to its prior classification or to such other classification as may be deemed to be in compliance with this Chapter.