9-1-15-1: AMENDMENTS TO LAND USE GUIDELINES:
A. Authority: From time to time the town council may by ordinance amend the number, shape, boundaries, or area of any land use district, or any regulation of or within such land use district, or any other provision of the land use guidelines.
B. Legislative Amendment: In connection with any amendment to the land use guidelines that is determined by the town council to be legislative or quasi-legislative in nature, the procedures set forth in section 5.10 of the Breckenridge town charter for the adoption of town ordinances shall be followed; provided, however, that no ordinance involving a legislative or quasi-legislative amendment to the land use guidelines shall be adopted as an emergency ordinance. In addition to any other notice of public hearing that may be required by the Breckenridge town charter, notice of a public hearing to consider the proposed adoption of a legislative or quasi- legislative amendment to the land use guidelines shall be published twice in a newspaper of general circulation in the town, the first publication occurring at least twelve (12) days prior to the hearing and the second publication occurring at least four (4) days prior to the hearing. Such newspaper notice shall contain the date and time of the public hearing on the proposed amendment; the location of the hearing on the proposed amendment; and a brief description of nature of the proposed amendment to the land use guidelines. Such newspaper notice is reasonably calculated to afford affected persons the realistic opportunity to protect their interests.
C. Quasi-Judicial Amendment: In connection with any amendment to the land use guidelines that is determined by the town council to be quasi-judicial in nature, the procedures set forth in section 5.10 of the Breckenridge town charter for the adoption of town ordinances shall be followed; provided, however, that no ordinance involving a quasi-judicial amendment to the land use guidelines shall be adopted as an emergency ordinance. In addition to any other notice of public hearing that may be required by the Breckenridge town charter, notice of a public hearing to consider the proposed adoption of a quasi-judicial amendment to the land use guidelines shall be published twice in a newspaper of general circulation in the town, the first publication occurring at least twelve (12) days prior to the hearing and the second publication occurring at least four (4) days prior to the hearing. Such newspaper notice shall contain the date and time of the public hearing on the proposed amendment; the location of the hearing on the proposed amendment; and a brief description of nature of the proposed amendment to the land use guidelines. Such newspaper notice is reasonably calculated to afford affected persons the realistic opportunity to protect their interests. In addition to the newspaper notice, not less than twelve (12) days prior to the date of the public hearing the director shall mail a copy of the text of the newspaper notice by first class mail to all owners of real property located within the land use district(s) that would be affected by the proposed land use guidelines amendment as shown by the records of the Summit County clerk and recorder; provided, however, that the failure of the director to mail such notice, or the failure of a person to receive such mailed notice, shall not impair the validity of the public hearing or any amendment made by the town council to the land use guidelines following such hearing.
D. Public Hearing: The public hearing required to be held in connection with the adoption of an ordinance amending the land use district guidelines shall be the same public hearing as is required by section 5.10 of the Breckenridge town charter in connection with the second reading of a town ordinance.
E. Application Of Land Use Guidelines To Specific Lot, Tract Or Parcel: Any change in the manner in which the land use guidelines are to be applied to a specific lot, tract or parcel of land, including, without limitation, the recommended density for such lot, tract or parcel, shall be accomplished either by written agreement with the owner(s) of the subject lot, tract or parcel (such as an annexation agreement), a master plan or by ordinance adopted by the town council using the procedures for a quasi-judicial amendment to the land use guidelines as set forth in subsection C of this section. Following the introduction of an ordinance as described in the preceding sentence, the director shall not accept an application to develop or subdivide the real property that is the subject of the ordinance until such time as the ordinance has either been finally approved or rejected by the town council, and any applicable referendum period has expired.
F. Legal Standards For Land Use Guideline Amendments: In considering a proposed amendment to the land use guidelines, the town council shall apply the following standards:
1. If the proposed change is found by the town council to be consistent with or in compliance with the town's comprehensive plan, and all parts thereof, the proposed change need only bear a reasonable relationship to the welfare of the community.
2. If the proposed change is found by the town council to be in conflict with or inconsistent with the town master plan, or any part thereof, the applicant seeking the change must show either: a) that a manifest error was made in establishing the current land use guidelines or its application to a specific lot, tract or parcel, or b) that the proposed change bears a reasonable relationship to the welfare of the community and there has been a change in the conditions of the neighborhood that supports the requested change. (Ord. 8, Series 2011)