It is intended that all amendments to this Title shall be made in accordance with the General Plan of the City. It is hereby declared to be public policy that this Title shall not be amended, unless it can be shown that changed or changing conditions make the proposed amendment necessary to the promotion of the purposes of this Title.
(1)
All proposed amendments to Title 11 or to the Official Zone Map shall be submitted first to the Planning Commission for its recommendations, which recommendations shall be submitted to the City Council for its consideration.
(2)
Any person seeking an amendment to those Chapters or to the Official Zone Map shall submit to the Planning Commission a written petition designating the change desired and the reasons therefor and shall pay a filing fee in the amount set forth by a resolution of the City Council. All petitions for a zoning change shall include a vicinity map, drawn to scale and showing the names and addresses of the owners of adjacent property, and a legal description of the property for which the change is sought. The fee required herein shall not be returned to the applicant. The Planning Commission may also initiate amendments to this Title or to the Official Zone Map by recommendation of such amendments to the City Council.
(3)
Upon receipt of the completed petition, the Planning Commission shall schedule and hold a public hearing to consider the request and shall certify its recommendation to the City Council with respect thereto.
(a)
The Planning Commission shall provide reasonable notice of the public hearing in accordance with Section 10-9a-205, Utah Code Annotated 1953, as amended.
(4)
The City Council shall consider the recommendation of the Planning Commission and any written objection filed in accordance with Section 10-9a-205(4), Utah Code Annotated 1953, as amended, of the proposed amendments to Title 11 or the Official Zone Map after providing notice for a public meeting. The City Council may:
(Ord. No. 8-05, 05/17/2005; Ord. No. 01-2011, 01/18/2011; Ord. No. 06-2015 § 1, 03/17/2015)
(1)
If a project plan, which includes a site plan, subdivision or building plan, has not been approved within one (1) year of the establishment of the new zoning classification, or if an approved project plan or preliminary project plan expires following a rezoning, the Planning Commission may initiate a review of the most recent zoning classification. The Commission may choose to recommend rezoning the property to the prior classification or to a new one, or the Commission may recommend keeping the existing zoning in place. Any Commission recommendation to change the existing zoning classification or restore the former classification must be transmitted to the Council and is subject to the procedure for amendments as per Section 11-7-102.
(2)
Denial of an application to amend the zoning map to reclassify any parcel of property shall prohibit the filing of another application to amend the zoning map to reclassify the same parcel of property, or any portion thereof, to the same zone classification within one (1) year of the date of the final denial by the municipal council of the previous application unless the planning and zoning review committee finds that there has been a substantial change in the circumstances or sufficient new evidence as submitted by the applicant in writing since the denial of the previous application to merit consideration of a second application within the one (1) year time period.
(Ord. No. 13-05, 06/07/2005)