A. Application: A proposed amendment to this title and map may be initiated by any property owner, any person residing in the county, any business owner, the county commission, planning commission, board of adjustment or the county staff by filing an application for zoning ordinance and map amendment.
B. Notice Of Public Hearings And Public Meetings:
1. The county shall give:
a. Notice of the date, time, and place of the first public hearing to consider the adoption or modification of a land use ordinance; and
b. Notice of each public meeting on the subject.
2. Each notice of a public hearing under subsection B1a of this section shall be:
a. Mailed to each affected entity at least ten (10) calendar days before the public hearing;
b. Posted:
(1) In at least three (3) public locations within the county; or
(2) On the county's official website; and
c. Published:
(1) In a newspaper of general circulation in the area at least ten (10) calendar days before the public hearing; and
(2) On the Utah public notice website at least ten (10) calendar days before the public hearing; or
(3) Mailed at least ten (10) days before the public hearing to:
(A) Each property owner whose land is directly affected by the land use ordinance change; and
(B) Each adjacent property owner within three hundred feet (300') of the boundary of the rezone area.
3. Each notice of a public meeting under subsection B1b of this section shall be at least twenty four (24) hours before the meeting and shall be posted:
a. In at least three (3) public locations within the county; or
b. On the county's official website.
4. a. If the county plans to hold a public hearing in accordance with section 17-27a-502 of the Utah code to adopt a zoning map or map amendment, the county shall send a courtesy notice to each owner of private real property whose property is located entirely or partially within the proposed map at least ten (10) days prior to the scheduled day of the public hearing.
b. The notice shall:
(1) Identify with specificity each owner of record of real property that will be affected by the proposed zoning map or map amendments;
(2) State the current zone in which the real property is located;
(3) State the proposed new zone for the real property;
(4) Provide information regarding or a reference to the proposed regulations, prohibitions, and permitted uses that the property will be subject to if the zoning map or map amendment is adopted;
(5) State that the owner of real property may no later than ten (10) days after the day of the first public hearing file a written objection to the inclusion of the owner's property in the proposed zoning map or map amendment;
(6) State the address where the property owner should file the protest;
(7) Notify the property owner that each written objection filed with the county will be provided to the municipal legislative body; and
(8) State the location, date, and time of the public hearing described in section 17-27a-502 of the Utah code.
c. If a county mails notice to a property owner in accordance with subsection B2c(3) of this section for a public hearing on a zoning map or map amendment, the notice required in this subsection B4 may be included in or part of the notice described in subsection B2c(3) of this section rather than sent separately.
5. The planning commission shall consider all written objections received during their public hearing process and forward a copy of all such objections to the county commissioners.
6. The county commission is designated as the land use authority for zoning text or map amendments. The commission shall consider the proposed zoning ordinance text or map amendment and the recommendation of the planning commission pursuant to the procedures established by this section and Utah Code Annotated. The county commission may approve the amendment, revise the proposed amendment and approve the proposed amendment as revised, or reject the proposed amendment. There is no minimum area or diversity of ownership requirement for a zone designation. Neither the size of a zoning district nor the number of landowners within the district may be used as evidence of the illegality of a zoning district or the invalidity of a county decision.
C. Criteria For Approval: In considering a proposed amendment to the zoning ordinance and map, the applicant shall identify, and the planning staff, planning commission and the county commission shall consider, the following factors:
1. The overall community benefit of the proposed amendment;
2. Consistency with the goals and policies of the general plan;
3. Compatibility with the neighborhood;
4. What changes have occurred in the neighborhood since the zoning ordinance and map or latest amendment was enacted;
5. Whether a change in the use for the affected properties will unduly affect the uses of adjoining properties; and
6. Consider the interest of the applicant.
D. Effect Of Amendment: An amendment to the zoning ordinance and map shall not authorize the development of land. After an amendment has been approved by the county commission, no development shall occur until the required development permits and licenses have been issued by the county. (Ord. 13-314, 7-8-2013)