Title 17 LAND USE
Chapter 17.100 CONDITIONAL ZONE (C-1) (INTENT TO
REZONE)
17.100.020 Conditional change of district boundaries and reclassification of districts--Procedure prescribed.
The procedure to be followed in any change of district
boundaries or reclassification of districts shall be as follows:
A. The applicant or developer shall file with his or her
application for change of district boundaries or reclassification of districts a
preliminary plan of the use to be made of the land.
B. The Planning Commission of the County of Pueblo shall
consider this preliminary plan of the use to be made of the land and may grant
tentative approval.
C. The Planning Commission shall report and recommend to the
County Commissioners the action to be taken and the Commissioners may then act
to free the area from the existing zone restrictions on a temporary
basis.
D. The applicant or developer, upon receipt of temporary
approval of the Commissioners, may proceed with his or her detailed final plans
for the development of the area, which plans shall be submitted to the Planning
Commission of the County of Pueblo for final approval.
E. One year after the final plans have been approved by the
Planning Commission of Pueblo County the Commission shall review the progress
made by the applicant or developer, and if the progress is within the final
plans as submitted by the applicant or developer, the Commission may recommend
to the County Commissioners a permanent zoning change or, if no progress has
been made or progress has been made other than as presented in the final plans,
then the Commission may recommend a cancellation of the temporary grant of
change of zoning to the Commissioners.
F. The County Commissioners shall act upon recommendation of
the Planning Commission as provided for in
Chapter 17.136.
G. The Secretary of the Planning Commission shall notify the
Building Inspector of the County of Pueblo final approval has been given the
applicant and of the final approval of the type of or use of the buildings in
sufficient detail so that the Inspector may issue a building permit in
conformity with the approved final plans granted to the applicant to developer.
If the request for building permit is not in conformity with the plans as
approved by the Planning Commission, the Building Inspector shall refuse to
grant the building permit or permits and immediately notify the Planning
Commission.
H. The failure of the applicant to meet all conditions,
stipulations and limitations contained in Title 17 within the time limit
stated therein, or within any extensions granted by the Commission, shall
render Title 17 a nullity for all purposes. No express findings of the Commission
as to failure to meet such conditions shall be necessary in order to annul
Title 17. Failure of the applicant to appear before the Commission to
prove or offer to prove strict compliance with such conditions, stipulations and
limitations within the time limit or any extension thereof shall be conclusive
evidence of noncompliance. In all cases where proof of compliance is submitted
to the Commission, the findings of compliance or noncompliance by the Commission
shall be conclusive upon the applicant.
In the event the Commission shall find that the conditions,
stipulations and limitations set forth in Title 17 have not been met, it
may take the following action:
1. Extend the time for compliance (not to exceed one year
from the date such extension is granted);
2. Completely annul Title 17 and declare all structures
and improvements placed thereon by applicant to be nonconforming and order the
removal of such structures and improvements within such reasonable time as shall
be determined by the Commission; or
3. Modify and amend Title 17 provided such modification
shall not permit any use expressly or impliedly prohibited in the original Title
17, and provided further that the spirit and intent of the original Title 17 shall be carried out. Before the Commission shall take first or final action on
any proposed modification of a resolution of intent to rezone: such proposed
modifications shall be referred to the Planning Commission for
recommendations.
I. The Planning Commission shall submit to the County
Commissioners its recommendations on proposed amendments within thirty (30) days
after the hearing is concluded. Such recommendations may be "To Approve," "Approve
with Conditions," or "Disapprove" the application.
J. After strict compliance with all conditions, stipulations
and limitations in the resolution of intent to rezone as originally approved
or as modified, the County Commissioners may finally approve a resolution
effecting such amendment of the zoning map; provided always that nothing
contained herein and no action taken by virtue of this Chapter shall be
construed to be a delegation, surrender, or curtailment of the legislative
powers, police powers, or administrative authority of the County or County
Commissioners.