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A. Purpose: This section sets forth procedures for amending the provisions of this title and the zoning map.
B. Authority: The city council may from time to time amend the text of this title and the zoning map as provided in this section. Amendments may include changes in the number, shape, boundaries, or area of any zoning district, zoning district regulations or any other provision of this title. The provisions set forth herein shall not apply to temporary land use regulations which may be enacted without public hearing in accordance with section 10-7-20 of this chapter.
C. Initiation: Proposed amendments to the text of this title and the zoning map may be initiated by the city council, planning commission or a property owner affected by a proposed amendment as provided in subsection D1 of this section.
D. Procedure: Zoning text and map amendments shall be considered and processed as provided in this subsection.
1. An application shall be submitted to the zoning administrator in a form established by the administrator along with any fee established by the city's schedule of fees. The application shall include at least the following information:
a. The name, address and telephone number of the applicant and the applicant's agent, if any;
b. The name and address of every person or company the applicant represents;
c. The requested amendment and reasons supporting the request; and
d. If the proposed amendment requires a change in the zoning map, the application shall include:
(1) An accurate property map showing present and proposed zoning classifications;
(2) All abutting properties showing present zoning classifications; and
(3) An accurate legal description and an approximate common address of the area proposed to be rezoned.
e. If the proposed amendment requires a change in the text of this title, the application shall include chapter and section references and a draft of the proposed text.
2. After the application is determined to be complete, the zoning administrator shall prepare a staff report evaluating the application.
3. The planning commission shall hold a public hearing on the application as provided in section 10-7-4 of this chapter. Following a public hearing the planning commission may recommend for approval, approval with modifications, or denial thereof to the city council.
4. Following receipt of a recommendation from the planning commission, the city council shall hold a public meeting on the application as provided in section 10-7-4 of this chapter. The city council may approve, approve with modifications, or deny the proposed amendment.
E. Approval Standards: A decision to amend the text of this title or the zoning map is a matter within the legislative discretion of the city council as described in subsection 10-7-5A of this chapter. In making an amendment, the following factors should be considered:
1. Whether the proposed amendment is consistent with goals, objectives and policies of the city's general plan;
2. Whether the proposed amendment is harmonious with the overall character of existing development in the vicinity of the subject property;
3. The extent to which the proposed amendment may adversely affect adjacent property; and
4. The adequacy of facilities and services intended to serve the subject property, including, but not limited to, roadways, parks and recreation facilities, police and fire protection, schools, stormwater drainage systems, water supplies, and wastewater and refuse collection.
F. Appeal Of Decision: Any party adversely affected by a decision of the city council to amend the text of this title or the zoning map may, within thirty (30) days after such decision, appeal to the district court as provided in section 10-10-1001 of the Utah code, as amended.
G. Effect Of Approval: Approval of an application to amend the provisions of this title or the zoning map shall not be deemed an approval of any conditional use permit, site plan or other permit. Approval of such permits shall be obtained in accordance with applicable provisions of this title.
H. Effect Of Disapproval: City council denial of an application to amend the provisions of this title or the zoning map shall preclude the filing of another application covering substantially the same subject or property, or any portion thereof, for one year from the date of the disapproval, except as follows:
1. Another application may be sooner considered if: (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)
a. The planning commission determines a substantial change in circumstances has occurred to merit consideration of the application. Substantial change may include:
(1) A significant change in the affected land area;
(2) An agreement with the applicant reducing overall density and incorporating significant design changes including reduced building height, increased setbacks, or other changes resulting in reduced impact on adjacent land uses;
(3) Changes in the neighborhood including recent zone changes or land use amendments and/or new roads or other infrastructure to serve the area proposed for the change. (Ord. 2006-4, 2-16-2006)
b. The application is for a change to a different zone.
2. The city council or planning commission may propose any text or zoning map amendment at any time. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)