It may become desirable from time to time to amend the provisions of this title or the zoning map. This title should be constantly reviewed and improved upon to stay viable and useful to the town. All amendments shall be made in the following manner:
A. Amendments: Amendments to the provisions of this title may be made by the planning commission and town council, as originated in either body (although normally originated by the planning commission) from time to time, following a properly posted public hearing of each body. Notice of public hearings and meetings on amendments to this title shall be as provided in Utah Code Annotated section 10-9a-205. The first hearing must be held by the planning commission and the proposed changes must then be certified to the town council for their action. After the town council hearing, the amendment, as proposed, amended and/or rejected may be adopted on the day of the hearing or at any time following the hearing; provided, it is adopted at a town council meeting.
B. Types Of Amendments: The types and nature of amendments that may be made are classified as follows:
1. Allowing a use previously prohibited.
2. Prohibiting a use previously allowed.
3. Increasing or decreasing the density of the uses previously allowed.
4. Changing the zone of any property.
5. Procedural or regulatory changes, both minor or major.
6. Zone map amendments or modifications.
7. Repealing of any regulation or procedure.
8. Adding of any regulation or procedure.
9. Any other miscellaneous changes that may become necessary.
C. Petition For Zone Change Or Title Amendment: A petition to change the zone of any land within the town or to amend this title, other than changing the zone map, shall be filed first with the planning commission in a letter or on a form prescribed for that purpose. The form or letter shall contain a legal description of the land affected by the petition, and a statement of the petitioner's interest in the land included within the petition. The petition shall state the current zone of the property and the desired change. The petition shall give the reasoning for the change. A fee will be established for acting on a petition for a zone change as described in the current town fee resolution in effect at the time. (To change or amend the zone within a legally recorded subdivision, the petition must also include signatures of approval by the owners of at least 51 percent of the platted lots in the subdivision.) The petition must also include all of the names of property owners within a two thousand five hundred foot (2,500') radius of the property boundary under petition, with the signatures of those approving of the change clearly shown. Those owners whose signatures are not shown on the petition shall be sent letters with the petition for their review and comments, and their names shall be provided to the town by the petitioner so that the notices of hearings and petition can be sent to them by the town.
D. Hearings Before Planning Commission: The planning commission shall hold a public hearing on all petitions for zone changes and receive comments from citizens or property owners affected by the change. The planning commission shall also hold a public hearing on other amendments to the subdivision and master planned development code. Notice of all zone change hearings before the planning commission shall be given as set forth in section 9-1-6 of this chapter. The notice shall state generally the nature of the proposed amendment as outlined in subsection B of this section and the land affected, and the time, place and date of the public hearing. The notice shall also state that more detailed information shall be available for public inspection at the town recorder's office, or other specified location at the time the notice is published.
E. Action By Planning Commission: Following the hearing, the planning commission shall adopt formal recommendations to be presented to the town council regarding the matter before it, approving, disapproving or modifying the proposal. The planning commission shall act on the proposal at the time of the hearing or at its next regularly scheduled meeting following the hearing, unless the proponent or petitioner has requested the matter be tabled for further consideration, or the petition is withdrawn. If the planning commission fails to act within two (2) regularly scheduled meetings on the proposal, the proposal shall be deemed disapproved by the planning commission and the proposal shall be forwarded to the town council for their consideration with that recommendation.
F. Hearing Before Town Council: The town council shall hold a public hearing on all petitions for zone changes and all amendments to the subdivision and master planned development code. Following the hearing, the town council shall approve, disapprove or modify and approve the recommendation of the planning commission. The hearing may be continued, if necessary, without republication of notice. The recommendations of the planning commission are advisory only, and the town council may overrule the recommendations of the planning commission. Town council action on amendments to this title or to the zoning map require the affirmative vote of three (3) or more town council members. The town council may act on the petition at the time of the hearing or at subsequently scheduled meetings. (Ord., 1-18-2005; amd. 2007 Code; Ord. 20-02, 3-17-2020)