(A) Application. For any property owner-initiated amendment to this chapter or the zoning map, the owner seeking such amendment shall submit a complete application to the Planning and Development Services Department on a form provided by the Zoning Administrator and in accordance with the following submittal requirements:
(1) The name, address and telephone number of the applicant and the applicant’s agent, if any;
(2) The name and address of every person or company the applicant represents. For site-specific applications, the name and address of all owners of the property;
(3) The requested amendment and reasons supporting the request;
(4) If the proposed amendment requires a change to the zoning map, the application shall include:
(a) An accurate property map showing present and proposed zoning;
(b) All abutting properties showing present zoning; and
(c) An accurate legal description and an approximate common address of the area proposed to be rezoned.
(5) If the proposed amendment requires a change in the text of this chapter, the application shall include chapter and section references and a draft of the proposed text;
(6) A nonreturnable amendment application fee; and
(7) A sufficient number of plain white legal-size envelopes, addressed to the required recipients specified in § 155.032 of this code, and with proper postage affixed.
(B) County initiated amendments. For County Commission or Planning Commission initiated amendments, staff shall prepare an application pursuant to relevant requirements of this chapter, which shall not have a fee requirement.
(C) Public notice. The county shall prepare and give notice of public hearings to consider such amendment as provided by UCA § 17-27a-205 and § 155.032(E) of this code.
(D) Planning Commission review and recommendation.
(1) Upon receiving a recommendation from staff regarding an amendment to this chapter or the zoning map, and after holding the required public hearing, the Planning Commission shall review the amendment and prepare its recommendation. The Planning Commission may recommend approval, approval with modifications or denial of the proposed amendment and shall submit its recommendation to the County Commission for review and decision.
(2) Changed or changing conditions make the proposed amendment reasonably necessary to carry out the purposes stated in this chapter.
(E) County Commission review. The County Commission shall schedule and hold a public hearing on the application as provided in § 155.031 of this code. Following the public hearing the County Commission may approve, approve with modifications or deny the proposed amendment. Prior to making a decision that goes contrary to the Planning Commission’s recommendation, the County Commission may, but is not obligated to, remand the amendment to the Planning Commission with a request for another recommendation with additional or specific considerations. The Planning Commission shall review such request as specified in division (D) above.
(F) Approval standards. A decision to amend the text of this chapter or the zoning map is a matter committed to the legislative discretion of the County Commission and is not controlled by any one standard. However, in making an amendment, the County Commission and Planning Commission should consider the following factors:
(1) Whether the proposed amendment is consistent with goals, objectives and policies of the county’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.
(G) Reconsideration. Where an application for zoning amendment has been denied, the Planning Commission and the County Commission shall not review the same zoning amendment application within two years of a denial unless there is a substantial change of conditions since the earlier application. A new application, with applicable fee, shall be required and processed in accordance with the procedure outlined in this section.
(Prior Code, § 8-3-4) (Ord. 13-03, passed 4-16-2013; Ord. 18-07, passed 11-13-2018)