ARTICLE 10

 

AMENDMENTS TO THE ZONING REGULATIONS

 

10.1     Authorization to Initiate Amendments

 

Any amendment to the text of these Regulations or amendments to the Zoning Map may be initiated by the Board, by the Planning Commission or by application of a property owner or his authorized agent but only at regularly scheduled meetings of the Planning Commission.

 

10.2     General Procedure

 

Amendments to these Regulations shall be in accordance with Colorado Revised Statutes 30-28-116 which require the following action before adoption of any such amendment:

 

(A)      Study and recommendations on the proposed amendments by the Planning Commission.

 

(B)       Completion of a public hearing before the Board after at least fourteen (14) days notice of the time and place of such a hearing shall have been given in at least one publication in a newspaper of general circulation within the County.

 

(C)       Correction of clerical or compilation errors (examples: spelling, page numbers, paragraph numbers) may be made by the Board at any regular Board meeting without publication of notice.

 

10.3     Zoning Amendment Procedure

 

(A)      An application for an amendment of the Zoning Regulations or Zoning Maps may be filed by an owner of property within the County and shall be made on a form provided by the County. An application for Amendment of the Zoning Maps must be accompanied by the following:

 

(1)       A reasonable nonrefundable processing fee fixed by the Board shall be submitted with an application for amendment of Zoning Maps with an assurance on the application that the applicant shall also pay the total actual costs of the review.

 

(2)       A list of owners of abutting properties and properties located within 300 feet of the boundary of the subject property, along with the current addresses of all such owners as on file with the County Assessor. Notice shall be sent to all of such owners.

 

(3)       A list of the names and addresses of all persons or entities holding recorded liens against the subject property. The Applicant may rely upon a licensed Colorado attorney or a Colorado title company. Notice shall be sent to all of such lien holders.

 

(4)       A list of the names and addresses of all persons owning any portions of the mineral estate if any portion is severed from the fee title to the property. The Applicant may rely upon a licensed Colorado attorney, the records of the Mineral County Clerk and Recorder, Assessor and Treasurer or upon a professional landman certified by the American Association of Profession Landmen in developing such list. Notice shall be sent to all of such mineral estate owners. (This requirement does not apply to applications regarding electric lines, or natural gas, steam, water or other pipelines and applications involving no surface development or Land Use and Construction Consent.)

 

(5)       Failure to provide accurate information required by this Article 10 and by established administrative procedure shall invalidate the application.

 

(B)       The Planning Commission shall conduct a public meeting within 90 days after receipt of the proposed amendment with the following special conditions required:

 

(1)       A notice of said meeting shall be published in a newspaper of general circulation within the County at least 14 days prior to the meeting date or the property shall be posted at least 14 days prior to the meeting date.

 

(2)       A written notice of said meeting shall be sent by first class mail with a certificate of mailing at least 14 days prior to the hearing date to the subject property lienholders, holders of mineral interests on or under the subject property and owners of abutting properties and properties within 300 feet of the boundary of the subject property.

 

(C)       The Planning Commission shall, within thirty days of the conclusion of the public meeting or within such greater time as is mutually agreed by the Planning Commission and the applicant, either recommend approval of the application in whole or in part, with or without modifications and conditions, or recommend denial of the application to the Board. The recommendation of the Planning Commission shall be transmitted to the Board and to the applicant. The Planning Commission may recess a public meeting in order to obtain additional information pertaining to the amendment but shall set a reasonable date and time to reopen said meeting before recessing.

 

(D)      The Board shall hold a public hearing on all proposed zoning amendments within 60 days after receiving the written recommendation of the Planning Commission. A notice of said hearing shall be published in a newspaper of general circulation within the County at least fourteen (14) days prior to the hearing date.

 

(E)       The Board shall, within thirty (30) days of the conclusion of the public hearing or within such greater time as is mutually agreed by the Board and the applicant, either grant the application in whole or in part, with or without modifications and conditions, or deny the application. The decision of the Board shall be transmitted in writing to the Planning Commission and to the applicant.

 

(F)       All approved amendments to the Zoning Map shall be made a permanent part of said map 35 days following the adoption of the resolution approving such amendment or, if judicial appeal is filed, 35 days following the final decision on appeal.

 

(G)      Any person applying to the courts for a review of any decision made under the terms of this Article 10 shall apply for review within thirty (30) days after the date of decision and shall be required to pay the cost of preparing a transcript of the proceedings and the application for review shall be in the nature of certiorari under Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The County may appeal any decision of the District Court under said Rule 106 proceedings.

 

10.4     Exceptions for General Revision

 

When the Zoning Maps are in any way to be changed or amended incidental to or as a part of a general revision of the Zoning Regulations, whether such revision be made by repeal of the existing Zoning Regulations and enactment of new Zoning Regulations or otherwise, neither posting nor notice by mail shall be required.

 

10.5     Declaration of Policy for Rezoning

 

For the purpose of establishing and maintaining sound, stable and desirable development within the County, the rezoning of land is to be discouraged. Rezoning should only be considered if:

 

(A)      The land to be rezoned was zoned in error and as presently zoned, is inconsistent with the land use policies and goals of the County; or

 

(B)       The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area; or

 

(C)       The proposed rezoning is necessary in order to provide land for a community-related use which was not anticipated at the time of the adoption of the Zoning Maps and such rezoning will be consistent with the land use policies and goals of the County.

 

10.6     Minimum Size of Parcel

 

No amendment changing the zoning classification of any lot, parcel or tract of land shall be adopted unless such lot, parcel or tract has a minimum of 150 feet of frontage on a public street or a minimum of one (1) acre of area or abuts on a lot, parcel or tract of land that has the same zoning classification as that which is proposed for the property which is the subject of the proposed amendment.

 

10.7     Approval of Amendment to Zoning Maps

           

In granting an amendment to the Zoning Maps upon application by a property owner or his authorized agent, the Board may require the dedication of additional street rights-of-way where an officially adopted street plan indicates a need for increased width or where the nature of the proposed development warrants increased street width and the Board may require permanent screening or other devices to minimize conflict with residential land use.

 

10.8     Records of Amendments

 

The Land Use Administrator shall maintain a record of amendments to the text and of these Regulations and the Zoning Maps in a form convenient for the use of the public.