- Application Fee $200 + publication fees
- Land Use Form
- Additional Documentation
- Narrative describing why you want to rezone the property
- Rezoning Petition (see Code section 16-4-30(a)(1)a.-d. below)
- Legal description for land to be rezoned (copy of the current deed)
- List of property owners (with mailing addresses) within 300 feet of subject property (Obtain from County IT Department – 231 Ensign Street, Room 202, Fort Morgan)
Sec. 16-4-30. Amendment (Rezoning).
- (a) Privately Initiated Rezoning. The following provisions shall apply to a private citizen or entity who initiates the rezoning process.
(1) Any applicant with a fee ownership interest in a property in the City (or with permission of the fee interest owner) may petition the City Council for a change in the zoning designation thereof. In addition, any applicant may contemporaneously with or subsequent to the filing of a petition for annexation, file with the City Council a petition requesting a certain zoning designation for the parcel of land for which the annexation is sought. The petition shall contain the following information:
a. The name, address and nature of interest of the applicant;
- b. A legal description of the property for which the change is sought;
- c. A statement of the property’s present designation; and
- d. A detailed statement of the grounds upon which the petitioner relies to establish the necessity for a zoning change.
a. Notice must be provided to adjacent properties and general public as set forth in Section 16-3-30 of this Chapter.
- b. The petition shall be reviewed by the Planning commission, which shall forward its recommendation to the City Council.
- c. Subsequent to a recommendation from the Planning Commission, the City Council shall schedule a public hearing as set forth in Section 16-3-20. In addition, a sign must be posted as set forth in Section 16-3-30.
- d. Standards for Rezoning. All actions by the Planning Commission in reviewing and making recommendations on a rezoning application and by the City Council in approving or disapproving such application shall be based in general upon the provisions of this Chapter and on the following additional criteria:
1. That the existing zoning is inconsistent with the goals, objectives or policies of the Comprehensive Plan.
- 2. That the land proposed for rezoning, or adjacent land, has changed or is changing to a degree such that it is in the public interest and consistent with the intent, purpose and provisions of this Chapter to encourage different densities or uses within the land in question.
- 3. That the proposed rezoning is needed to provide land for a demonstrated community need or service and such rezoning will be consistent with the goals, objectives and policies contained within the Comprehensive Plan.
- 4. That the existing zoning classification currently recorded on the Zoning Map is in error.
- 5. That the change of zone is in conformance, or will bring the property into conformance, with the Comprehensive Plan goals, objectives and policies, and other related policies or plans for the area.
- 6. That the proposed change of zoning is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived.
- 7. That there will be social, recreational, physical or economic benefits to the community derived by the change of zoning.
- 8. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zoning, or that the applicant will upgrade and provide such where non-existent or under capacity.
- 9. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties.
- 10. That the rezoning will not create an isolated or spot zoning district unrelated to adjacent or nearby areas.
- e. Burden of Proof. The applicant shall carry the burden of demonstrating that the land in question should be rezoned and that the advantages resulting from rezoning would outweigh any disadvantages that would result. All applicants are advised there is no right to a change of zoning.
- (3) Action by City Council. At any time subsequent to the public hearing, the City Council, upon being satisfied that sufficient grounds exist for effecting the zoning change requested, may adopt an ordinance upon final reading, incorporating the proposed amendment by a majority vote of a quorum present.
- (4) Amendment of Official Zoning Map. Upon passage of any ordinance amending zoning, a true and correct copy of the ordinance of the City Council approving such rezoning shall be filed with the City Clerk and the Zoning Map shall be amended to reflect the change in zoning.
- (5) Fees and Costs.
a. All applicants must pay a fee as set forth in Appendix C to this Chapter.
- b. All costs associated with the zoning amendments under this Section shall be paid by the applicant proposing the change in zoning.