Property owners desiring to change the zoning classification for property which they own, whether individually or as a part of a larger development project, shall make an application to the Planning Commission. The requirements and procedures for such rezoning applications are as follows:
A. Application Requirements. Applications to rezone property shall include, but not be limited to, the following:
1. A completed Fairfield Town rezone request application;
2. A concept plan depicting the layout, including, but not limited to, roads, parks, trails, and type of development anticipated within each zoning classification being requested;
3. If deemed necessary by the Planning Commission, an impact analysis, including but not limited to: traffic, economic, and wildlife;
4. The current zoning classification;
5. Legal description of the property(ies) proposed to be rezoned along with a map and area calculation for each area to be affected; and
6. Rezoning application fees, as determined by resolution of the Town Council and listed in the Fairfield Town fee schedule.
B. Procedure. Upon receipt of a complete application, with any other supporting documentation and the application fee, the application shall be scheduled for review by the Planning Commission at the next available meeting(s), following proper notice as outlined in Utah State Code 10-9a-205. Upon receiving a recommendation from the Planning Commission, the application will be scheduled for a public hearing. Following the public hearing, the application will be scheduled for review by the Town Council at the next available meeting(s), following proper notice as outlined in Utah State Code 10-9a-202 . Following approval from the Town Council, the property will be rezoned on the official Town zoning map and the property owner will be required to comply with any and all regulations applicable within the zoning classification to which the property is rezoned.
C. Requirements For Approval. In order to grant an approval for the rezoning of property, the Planning Commission and Town Council must find that:
1. The rezoning conforms to the intent of the Fairfield Town general plan and annexation policy plan;
2. The rezoning will not adversely affect surrounding properties; and
3. The rezoning will not cause property, structures, or uses of the property to unnecessarily become nonconforming according to this Title.
D. Corrective Measures. No rezoning shall be permitted as a corrective measure for a property, use, or structure on a property which is found to be in violation of any provision of this title by the building official, zoning administrator, or other authorized officer.
E. Resubmission. No application for rezoning which receives a denial from the Town Council shall be permitted to resubmit the same application for a period of not less than twelve (12) months from the date of denial unless the applicant(s) can provide documentation of information or facts that were not available at the time of review of the original application.