A. Authority Of City Council: The city council may amend this title pursuant to Utah Code Annotated section 10-9a-503. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. 2012 Code)
B. Residents Or Other Interested Persons: Any resident of the city or other person having an equitable interest in real property located in the city may petition the city for an amendment or rezoning.
C. Application; Information Required: The person seeking to amend this title or zoning map shall make application for such amendment by taking required actions and filing the following information and documents with the planning commission:
1. A written application describing the change desired and the reasons therefor.
2. A nonreturnable amendment application fee.
3. A vicinity plan.
4. a. Names of all owners of the subject property. (Ord. 93-5, 7-6-1993, eff. 7-15-1993)
b. Names of all owners within three hundred feet (300') of the subject property boundary when an identified property is the specific beneficiary. (Ord. 02-3, 1-15-2002)
5. A sufficient number of plain white legal size envelopes, addressed to required recipients and with proper postage affixed. (Ord. 93-5, 7-6-1993, eff. 7-15-1993)
D. Notice; Public Hearings And Public Meetings: The city shall prepare and give notice of public hearings and public meetings to consider such amendment as provided by Utah Code Annotated sections 10-9a-205 and 10-9a-502, as amended, for land use ordinance or zoning map amendments. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. 2012 Code)
E. Planning Commission Review: The planning commission shall review the application and make its recommendations concerning the proposed amendment to the city council within forty five (45) days from receipt of the amendment application in a regularly scheduled meeting. The planning commission shall recommend adoption of a proposed amendment only when the following findings are made:
1. The proposed amendment is in accord with the comprehensive general plan, goals and policies of the city.
2. Changed or changing conditions make the proposed amendment reasonably necessary to carry out the "purposes" stated in this title.
F. Recommendation Of Approval: When the planning commission recommends the amendment, the city council may:
1. Adopt the amendment by majority vote;
2. Reject the amendment;
3. Modify the proposed amendment and refer back to the planning commission for its recommendation to be returned to the city council within thirty (30) days.
G. Recommendation Of Denial: When the planning commission recommends denial of the amendment, the city council may:
1. Reject the amendment;
2. Modify the proposed amendment and refer back to the planning commission for its recommendation to be returned to the city council within thirty (30) days;
3. If the city council determines that the proposed amendment may have merit in spite of the planning commission's negative recommendation, the city council may adopt the amendment by an affirmative vote of four (4) members.
H. Previously Denied Applications: Where an application for zoning amendment has been denied, the planning commission and the city council shall not review the same zoning amendment application within one year of a denial unless there is a substantial change of conditions since the earlier application. A new application and fee will be required. (Ord. 93-5, 7-6-1993, eff. 7-15-1993)