7.16.050 Rezonings - CLEANOrdinance 25-06
7.16.050 Rezonings, Avon Municipal Code
7.16.050 Rezonings
The boundaries of any zone district may be changed or the zone classification of any parcel of land
may be changed pursuant to this Section. The purpose is not to relieve particular hardships nor to confer
special privileges or rights on any person, but only to make adjustments to the Official Zoning Map that are
necessary in light of changed conditions or changes in public policy or that are necessary to advance the
general welfare of the Town.
(a) Review Procedures. Applications for a rezoning shall follow the general review procedures set forth in
Section 7.16.020, General procedures and requirements. Applications for rezonings may be initiated
by the Town Council or the property owner and may not be initiated by any other person.
(b) Review Authority. The PZC shall review applications for rezonings and shall provide a
recommendation to the Town Council after conducting a public hearing. The Town Council shall
render the final decision on an application for rezonings after conducting a public hearing. Rezonings
shall be approved by ordinance of the Town Council.
(c) Review Criteria. The PZC and Town Council shall use the following review criteria as the basis for
recommendations and decisions on applications for rezonings:
(1) The proposed rezoning is in substantial compliance with the applicable purpose statements of the
Development Code;
(2) The proposed rezoning is in substantial conformance with the goals, policies, and intents of the
Avon Comprehensive Plan;
(3) The physical suitability of the land for the proposed development or subdivision is sufficient, if
rezoned;
(4) The rezoning is compatible with surrounding land uses;
(5) Whether the proposed rezoning addresses changed or changing conditions in the character of the
area proposed to be rezoned;
(6) Whether the public facilities available to serve development permitted by the new zoning or the
proposed development for the type and scope suggested by the change in zoning remains
adequate and does not decrease the level of service to neighboring or existing development
(7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district;
(8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon
the natural environment, including air, water, noise, stormwater management, wildlife and
vegetation, or, such impacts will be substantially mitigated;
(9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse
impacts upon other property in the vicinity of the subject tract;
Ordinance 25-06
7.16.050 Rezonings, Avon Municipal Code
(10) The proposed rezoning addresses a demonstrated community need or otherwise results in one or
more public benefits that offset potential development impacts, including, but not limited to,
Community Housing, childcare facilities, transportation or public infrastructure improvements; and
(11) The proposed rezoning is suitable within the Wildfire Urban Interface (WUI) and does not increase
the hazard potential of areas or on properties with or without mitigation.
(d) Mitigation. Rezoning applications which propose a greater intensity of land use or increased demands
on public services or infrastructure or affect property with potential geologic hazards shall be required
to provide adequate mitigation of such impacts. Greater intensity of land use or increased demands
on public facilities and infrastructure shall include, but are not limited to: transportation, water, sewer,
schools, emergency services, police, parks and recreation, medical and library. Adequate mitigation
may include providing dedications of land or cash-in-lieu for the proportionate share of capital
investment in public facilities and infrastructure related to the potential incremental increase of
demand created from the existing zoning classification to the proposed zoning classification.
(Ord. 24-06, Ord. 13-14 §2; Ord. 10-14 §3)