Any portion of this Title and/or the zoning map may be changed whenever the public necessity, health, safety, general welfare, and/or good zoning practices justify such action. Any such change shall be made only by the Board of County Commissioners in the form of amending resolution.
A resolution for the amendment of any portion of this Title or of any zone district boundaries may be initiated by any member of the Board of County Commissioners, the County Planning Commission, any administrative officer of the County, or by one or more of the owners of property within the area for which the amendment is requested. The request for such change shall be submitted in writing to the County Zoning Administrator on a form provided for the purpose.
All requests for amendments to this Title or the zoning map, except those initiated by the Board of County Commissioners or the County Planning Commission, or any administrative officer of the County, shall be accompanied by a fee as set forth by the Board by resolution, which costs must be paid and a receipt therefore be presented to the Commission Secretary before the hearing for the application is scheduled. Fees to be made payable to the County of Pueblo. The County Zoning Administrator shall receive the application for amendment and deposit the required fee in the general fund of the County and cause the application for an amendment and all supporting documents to be transmitted to the Secretary of the County Planning Commission within two (2) working days of its receipt by the County Zoning Administrator.
Upon receipt of the application for an amendment and all supporting documentation as transmitted by the County Zoning Administrator, the Secretary of the County Planning Commission shall cause the application to be placed on the agenda of the regular meeting in the next month of the County Planning Commission, provided that at his or her discretion, or at the request of any member of the County Planning Commission, he or she shall cause it to be placed on the agenda of an earlier regular or special meeting. The Secretary shall submit a written or verbal report of the application, its documentation, and such other information as he or she deems pertinent at the meeting at which the application is to be first considered.
A. At the meeting at which the application is on the agenda for first consideration, the County Planning Commission shall receive and file the application, documentation and the written report of the Secretary, hear or receive and file a presentation by the applicant and set a date and time for a public hearing, which date shall not be later than sixty (60) days from receipt of such application.
B. The County Planning Commission shall cause notice to be published as required by law at least once in a newspaper of general circulation in the County not less than ten (10) days prior to the public hearing, and if for a change in the Zoning Map shall cause notice of the public hearing on the proposed changes to be sent to the last known address of owners of real property lying within three hundred (300) feet of the property on which the change on the Zoning Map is proposed, and to such other persons as in the judgment of the Secretary should be notified, such notice to be given not less than ten (10) days before the date set for the hearing. Such notice may be served by depositing same, properly addressed and postage paid in the post office.
The County Planning Commission shall then hold a public hearing and may recommend approval or disapproval of the proposed amendment in whole or in part. The action of the County Planning Commission shall be in writing and shall contain the following findings of fact and shall include a statement setting forth those factors which the Planning Commission considered controlling factors in reaching its decision.
A. The proposed amendment is in conformance with the Land Use Plan;
B. The change requested promotes the public necessity, health, safety and general welfare and is consistent with good land use and zoning practice;
C. If the proposed change involves property bounded on one (1) or more sides by the boundary of a City or Planning or Zoning District, the matter has been referred to the Planning Commission of that City or Planning or Zoning District for its review and recommendation.
The recommendation by the Planning Commission shall be rendered within ninety (90) days of receipt of the application by the Planning Commission and referred to the Board of County Commissioners within the time period and a resolution embodying the recommendation, in whole or in part, may be adopted by the Board of County Commissioners after a public hearing thereon as required by law.
To attach such requirements, conditions and/or reviews to actions on applications presented to it as it feels necessary to carry out the intent and purposes of this Title. If such development is not underway in keeping with said intent, the County Planning Commission may initiate action to rezone the subject area back to the classification it had prior to the change in zoning, or to any other more appropriate classification.
In the event the proposed amendment is denied by the Board of County Commissioners, no new request for the same or a substantially similar amendment shall be heard by the Board of County Commissioners within one (1) year of such denial.
The findings and decisions of the Board of County Commissioners shall be final. Appeals to District Court shall be made within thirty (30) days from the date of Board of County Commissioners' action.
If, through clerical error or for any other omission error, the foregoing named lands are not designated on the Zoning Maps they shall automatically be zoned S-1 and shall therefore be governed by the provisions of S-1 zoning.