For the purposes of establishing and maintaining sound, stable, and desirable development or redevelopment within the City, 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.

(Ord. 2-2019, 2019)

The City Council may, from time to time, amend the number, shape, boundaries, or areas of any district, and the regulations or any other provisions of this title. Amendments to this title may be initiated by City Council 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.

(Ord. 2-2019, 2019)

Application for an amendment to the text, map, or both of this title shall be filed with the City on such forms as provided by the City, along with the appropriate fees. Upon staff review, the applicant shall be notified as to whether the application is sufficiently complete to forward to the City Council. It is the applicant's responsibility to provide the City with a current list of names and mailing addresses of all property owners, as shown by the records of the Yuma County Assessor, of property both internal to and within 300 feet of the boundaries of the area proposed for change.

(Ord. 2-2019, 2019)

For proposed amendments to the zoning text or map, a nonrefundable fee as set by the City Council shall be paid by the applicant and applicant shall be responsible for all the actual costs of providing notice as required herein.

(Ord. 2-2019, 2019)

The following procedures shall be followed in reviewing and acting upon any zone amendment request:

A.

After review by City staff and upon determination of completeness, the application shall be forwarded to the City Council. The City Council shall, within 30 days after receipt of the application, hold a public hearing on the matter. A notice of said hearing shall be published in a newspaper of general circulation within Yuma and, if the proposal is for a map amendment, written notice of the hearing shall be mailed to owners of the affected property and all property owners within 300 feet. Both the public and written notices shall be made at least ten days prior to the hearing date. Failure to mail such notice to every owner shall not affect the validity of any proceeding before the City Council;

B.

Upon conclusion of the hearing, the City Council shall approve, conditionally approval, or deny the application within seven days of the hearing.

(Ord. 2-2019, 2019)

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

A.

The amendment is consistent with and in furtherance of the stated intent and purposes of this title;

B.

The existing text needs amending;

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 17.10.1007 of this chapter;

D.

Where the amendment would add to the uses listed for a zoning district that the provisions of section 17.04.405, "Uses Not Itemized", of this title, have been met; and

E.

The amendment complies with the comprehensive master plan.

(Ord. 2-2019, 2019)

No request for text amendments shall be considered by the City Council unless it has determined that there was an error in the original zoning, considering the impropriety of spot zoning, or:

A.

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;

B.

The amendment is consistent with and in furtherance of the general intent and purposes of this title;

C.

The amendment complies with the comprehensive master plan;

D.

There is adequate justification for the rezoning;

E.

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

F.

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

G.

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

H.

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

I.

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

J.

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

(Ord. 2-2019, 2019)

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 City 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 or without the City limits.

Any area annexed shall be brought under the provisions of this title and the map thereunder within 90 days from the effective date of the annexation ordinance, irrespective of any legal review which may be instituted challenging the annexation. During such 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.

(Ord. 2-2019, 2019)

At the time the City Council considers 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 City 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 City 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 comply with this chapter.

(Ord. 2-2019, 2019)