EL PASO COUNTY
LAND DEVELOPMENT CODE

Chapter IV - Zoning Regulations

Section 3
County-Initiated Zoning Procedures

ZONING OR REZONING

In accordance with the following procedures El Paso County may initiate the zoning or any property within the unincorporated areas which is not presently zoned; or may initiate the rezoning of any property within the unincorporated areas of El Paso County.

1.   Action and Procedures of the Development Services Department:

a.  Distribution: The Development Services Department shall distribute copies of parcel information to such local, regional, state and federal agencies as deemed appropriate by the Development Services Director.

b.  The Development Services Department shall review each parcel to determine if it is consistent with the development requirements set forth in the proposed zone district. An investigation into the relationship between the proposed land use and adopted county plans shall be performed.

c.  If deemed appropriate by the Development Services Director, the Development Services Department may hold informal public meetings and/or place in local newspapers, informal information, maps, etc. reflecting the proposed zone/rezone boundaries.

d.  Upon completion of the Development Services Department review, prior to the Planning Com-mission and Board of County Commissioners' hearings, the Development Services Department shall notify all property owners of the proposed zoning or rezoning action(s) by first class mail or postcards. "Property owners" shall only include those owners whose property may be zoned or rezoned under these procedures. Ownership will be determined from the records of the County Assessor's Office. Notification shall state the time, date and location of each hearing. The property owner shall also be informed that he/ she may appear in person at the hearings, or if unable to attend, submit a statement further expressing his/her opinions and comments on the proposed zoning or rezoning action(s).

e.  The Development Services Department shall present each parcel and its report and recom-mendation to the Planning Commission and Board of County Commissioners at the public hearings on the proposed zoning or rezoning action(s).

2.   Action and Procedure of the Planning Commission:

a.  The Planning Commission shall review the proposed zoning or rezoning action(s) at a regularly scheduled public meeting.

b.  Public Notice

1) Property Owners - The Development Services Department shall notify all property owners of the date, time and location of the public hearing on the proposed zoning or rezoning action(s), as provided in paragraph 1.d. of this section.

2) Agenda - The agenda of the Planning Commission meetings shall be made available to the news media and the public no later than three (3) days prior to the meeting.

c.  Prior to any action, the Planning Commission shall review the plans, reports, comments and recommendations from the Development Services Department, referral agencies and interested citizens.

d.  Action of the Planning Commission:

1)  Action:

(i) Unless there is a postponement, the Planning Commission may approve, approve subject to certain conditions, disapprove, or make recommendations to the Development Services Department.

(ii) The Planning Commission's action shall be based upon the general intent and purposes of these regulations in addition to the fulfillment of the minimum listed requirements.

(iii) The Planning Commission shall publicly state, and the secretary shall record the reason for the action taken on the proposed zoning or rezoning action(s).

2)  Postponement

Without the request or consent of the Development Services Department the Planning Commission may move to postpone action until the next regularly scheduled Planning Commission meeting. At the request or with the consent of the Development Services Department, action may be postponed until a definite date or until the occurrence of a certain event. If so postponed, the matter shall be heard by the Planning Commission on the definite date or upon the occurrence of a certain event.

3.  Upon any of the above actions, the action of the Planning Commission shall be placed on the agenda of the next regularly scheduled meeting of the Board of County Commissioners which allows for the proper notice requirements.

4. Action and Procedure of the Board of County Commissioners:

a. The Board of County Commissioners shall hold a hearing on the action of the Planning Commission at a regularly scheduled public meeting.

b. Public Notice

1)  Publication - At least fourteen(14) days' notice of the date, time and place of a public hearing on the proposed zoning or rezoning action shall be given by at least one publication in a newspaper of general circulation in El Paso County.

2)  Property Owners - The Development Services Department shall notify all property owners of the date, time and location of the public hearing on the proposed zoning or rezoning action(s), as provided in paragraph 1.d. of this section.

3)  Agenda - The agenda of the Board of County Commissioners' meeting shall be made available to the news media and the public no later than three (3) days prior to the meeting.

c.  Prior to any action, the Board shall review the plans, reports, recommendations and comments from the Development Services Department, referral agencies, the Planning Commission, and interested citizens.

d.  Action of the Board of County Commissioners:

1)  Action

(i) The Board may approve, approve subject to certain conditions, or disapprove. If the action is disapproval, the Board of County Commissioners may direct the Development Services Department to undertake a different zoning or rezoning action in consultation with the Planning Commission.

(ii) The Board's action shall be based upon the general intent and purposes of these regulations in addition to the fulfillment of the minimum listed requirements.

2)  Postponement - The Board may move to postpone action to a definite date or to the occurrence of a certain event. The matter shall be heard by the Board on the definite date or upon the occurrence of a certain event.

The property owner(s) shall be notified by the Development Services Department by letter of the action taken by the Board within twenty (20) working days of the hearing.

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