2-40-10 Land Use Code Text Amendments and Rezonings

(a) Initiation

1. An application for a Land Use Code amendment may be initiated by any citizen or property owner in Pitkin County, or by the Community Development Department, the Planning and Zoning Commission, or the Board of County Commissioners.
2. An application for rezoning may be initiated by the owner of the property proposed for rezoning, or the agent of such owner, or by the Community Development Department, the Planning and Zoning Commission, or the Board of County Commissioners.

(b) Action by Board

• In addition to the provisions of Sec. 2-30-40(h), if the Board wishes to substantially change any Land Use Code text amendment or rezoning recommended by the Planning and Zoning Commission, the change shall be first be resubmitted to the Planning and Zoning Commission for its approval, disapproval, or suggestions. If disapproved by such commission within thirty (30) days after such submission, such amendment, to become effective, shall receive the favorable vote of not less than a majority of the entire membership of the Board of County Commissioners. Before finally adopting any such amendment, the Board of County Commissioners shall hold a public hearing thereon, and at least fourteen (14) days’ notice of the time and place of such hearing shall be given by at least one (1) publication in a newspaper of general circulation in the County.

(c) Criteria for Approval

1. In addition to the provisions of Sec. 2-30-40(i), the following shall apply to applications for Land Use Code text amendments.
   • (a) Each Land Use Code text amendment shall be consistent with the Pitkin County Comprehensive Plan.
   • (b) Land Use Code text amendments shall be drafted in a form consistent with the organizational format and style of this Land Use Code.
   • (c) Code text amendments shall repeal and reenact entire Code sections rather than just specific sentences or sub-sections.
2. In addition to complying with the provisions of Sec. 2-30-40(i) in connection with each proposed rezoning, the Board shall consider the following:
   • (a) Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood that support the proposed amendment;
   • (b) The effect of the proposed rezoning and development on traffic generation and road safety.
3. A proposed rezoning shall not be approved, and should not be recommended for approval, unless the decision making body finds that the proposed rezoning will result in development or activities that:
   • (a) Are consistent with the applicable Pitkin County Master Plan(s);
   • (b) Are consistent with all applicable sections of this Land Use Code;
   • (c) Are compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics;
   • (d) Do not exceed the capacity of such public facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities;
   • (e) Do not result in significant adverse impacts on the natural environment;
   • (f) Are consistent and compatible with the community character; and
   • (g) Do not conflict with the public interest.

(d) Vested Right

• Approval of a Land Use Code text amendment or rezoning does not involve a Site Specific Development Plan, as defined in Sec. 2-20-170(b), and does not result in the creation of a vested right. Subsequent approval of a Site Specific Development Plan for rezoned property will establish a vested right.