CHAPTER 11
CITY OF NORTHGLENN ZONING ORDINANCE

ARTICLE 37
AMENDMENTS AND PUBLIC HEARINGS

Section 11-37-1. Amendments to Zoning Ordinance.

(a)

General. Amendments to this Zoning Ordinance may be initiated by the Council, the Commission, the Board of Adjustment, the City Administrator, or by any owner(s) of record or purchaser(s) under contract of real property located within the City. Except when such amendment involves a zone change, the procedure for amendment of ordinances shall apply. All proposed amendments shall be referred to the Planning Commission for study, consideration, and recommendation prior to final action by Council.

(b)

RESERVED.

[Source: Ord. 295, 1974]

Section 11-37-2. Zone Changes.

(a)

No application for a zone change under the provisions of this Article shall be considered unless the area meets the following minimum size requirements:

(1)

A proposed R-3 District shall contain not less than one and one-half acres of gross area; a proposed R-3-A District shall contain not less than two acres of gross area; and a proposed R-4 District shall contain not less than two and one-half acres of gross area; provided, however, that in the event the proposed district abuts upon an existing district of the same classification, or a district of lesser classification residential, or a commercial, agricultural, industrial, or open district, such proposed district shall be exempt from any minimum size requirement. The affected zone districts shall be classified from most restricted to least restricted as follows: R-3, R-3-A, and R-4.

(2)

A proposed Industrial District shall contain at least eight acres of gross area; provided, however, that a proposed Industrial District which abuts an existing Industrial District shall be exempt from any minimum size requirement.

(b)

Applications. Applications for zone changes shall be prepared on forms furnished by the Commission. The forms shall be filled out in full and submitted together with additional information and filing fees, and comply with the submittal time as set forth in this Section in order to be placed on the agenda of the Commission meeting. Each zone district change shall require a complete separate application and filing fee, regardless of any or all of the following circumstances:

(1)

The properties are contiguous;

(2)

The properties are under the same or different ownership;

(3)

The properties are to be part of one single development project; and

(4)

The proposed zone changes are being applied for simultaneously.

(c)

Additional Information. Aside from the information requested on the application form, the applicant shall furnish the following:

(1)

Location map showing adjacent streets and alleys, and adjacent zone districts; and

(2)

Proof of ownership in the form of a Title Policy, Title Opinion or Title Memorandum, or proof of recorded contract to purchase in the form of a copy of such contract.

(3)

If the applicant for the zone change is the holder of a recorded contract to purchase, such applicant must notify the owner of record of the proposed change by certified mail and submit evidence to the Commission of such fee owner's knowledge of the proposed zone change.

(d)

All applications for zone changes shall be accompanied by payment of the application fees established by Article 45 of this Chapter, unless the applicant is exempted by this Ordinance from payment of such fees. The City of Northglenn, the City Council, the Planning Commission, the Board of Adjustment, and the City Administrator are hereby excepted from the payment of such application fees.

[Source: Ord. 228, 1973]

(e)

Submittal Time. All applications, additional information, and filing fees as set forth in this Section shall be submitted to the Commission not less than 30 days prior to consideration by the Commission.

(f)

Public Hearing Required. No zone change application shall be considered by the Commission and no ordinance for a zone change shall become effective until after a public hearing before the Commission in relation thereto at which parties in interest and citizens shall have an opportunity to be heard.

(g)

Council Action. The City Council shall, within 60 days following consideration and a recommendation by the Commission, consider the zone change. In case of a recommendation for denial, the Commission shall communicate its reasons to Council, and Council shall have the power to overrule such recommendation for denial by a recorded vote of not less than three-fourths of its entire voting membership. In case of protest against such zone change signed by the owners of 20 percent or more, either of the area of the lots included in such proposed change or of those immediately adjacent to the side and in the rear thereof extending 100 feet therefrom or of those directly opposite thereto extending 100 feet from the street frontage of such opposite lots, such zone change shall not become effective except by the favorable vote of three-fourths of the entire voting membership of Council.

(h)

Basis for Approval. The Commission and Council shall give consideration to and satisfy themselves to the following:

(1)

That a need exists for the proposal;

(2)

That this particular parcel of ground is indeed the correct site for the proposed development;

(3)

That there has been an error in the original zoning; or

(4)

That there have been significant changes in the area to warrant a zone change;

(5)

That adequate circulation exists and traffic movement would not be impeded by development; and

(6)

That additional municipal service costs will not be incurred which the City is not prepared to meet.

[Source: Ord. 179, 1973]

Section 11-37-3. Notices of Public Hearing.

(a)

Not less than 15 days notice of the time of the public hearing before the Commission shall be given by publication at least one time in the official newspaper of the City and a notice of such hearing shall be mailed or delivered to either 35 of the residents residing within an area immediately surrounding a property to be zoned or rezoned or to all residents within 500 feet from a property to be zoned or rezoned, whichever is less. The residents so notified by mail shall also be mailed notice of the public hearing before City Council on any ordinance creating initial zoning or a zone change, not less than seven (7) days before such public hearing.

(b)

Whenever an amendment to this Ordinance involves initial zoning, zone change, permitted use, or special use, in addition to the written public notice provided for above, the premises shall be posted for at least 15 days prior to the public hearing before the Commission. As to initial zonings and zone changes, the premises shall also be posted 10 days before the public hearing before the City Council on the ordinance creating such initial zoning or zone change. The posted notices shall be of a number, size, and location as prescribed by the Building Inspector of the City of Northglenn and shall indicate the proposed zone classification or use, the date, time, and place of the public hearing; such notices shall be furnished by the City.

[Source: Ord. 725, 1984]

(c)

The applicant shall deposit with the Building Inspector $10 per sign, which deposit shall be returned to the applicant upon the return to the Building Inspector of the sign and post on which said sign shall be mounted. It shall be the sole responsibility of the applicant to cause said posted notice to be placed at any location required by the Building Official for the requisite period of time provided for herein.

(d)

When zone changes are initiated by the Commission, the City Administrator, Board, or Council, the owner of record and contract purchaser of record, if any, shall be notified by certified mail of the intended zone change and public hearing.

[Source: Ord. 179, 1973]