The Council may from time to time as public necessity, convenience, general welfare and good planning practice requires change the district boundaries or amend, change, repeal or supplement the regulations herein established. Such changes or amendments may be initiated by the Council, the Commission, and staff or by application of one or more owners of real property within the area proposed to be changed.
(A) Applications for amendments. Applications for change of district boundaries or for amendment of this Code shall be filed with the Community Development Director or his/her designee. In the case of an application requesting a zoning district change, which includes other property in addition to that owned by the petitioner, the application shall include the signatures of the real property owners representing at least 75% of the land in the area proposed to be changed. Applications shall be filed on a form provided for the purpose and shall include:
(1) A detailed narrative justifying the application.
(2) A map showing the particular property or properties for which the change of zone is requested and substantially the adjoining properties and the public streets and ways within a radius of 300 feet of the exterior boundaries thereof.
(3) A development plan which shall show the following:
(a) Topographical description showing existing and proposed grades and drainage systems and natural and man made features with indication as to which one(s) are to be retained and which one(s) are to be removed or altered.
(b) Proposed street system.
(c) Proposed block layouts.
(d) Proposed reservation(s) for parks, parkways, playgrounds, recreation areas and other open spaces.
(e) Off-street parking space.
(f) Types and uses of structures.
(g) Locations of structures, garages and/or parking spaces.
(h) A tabulation of the total number of acres in the proposed project and a percentage thereof designated for the proposed structures.
(i) Preliminary plans and elevations of the structure types.
(4) A true statement revealing any restrictions of record that would affect the requested uses of the property and the dates of expiration thereof.
(5) Such photographs, drawings and other supporting documents, as the applicant may desire to present.
(6) A citizens participation report as required in § 154-09-013.
(7) Payment of a filing fee in an amount established by a schedule adopted by resolution of the Council and filed in the offices of the Town Clerk. No part of the filing fee shall be returnable. Payment of filing fee shall not be applicable when the applicant is the Council or Commission or when the town, county, state or federal government initiates the change or amendment.
(8) A legal description of the subject property.
(9) The Community Development Director or his/her designee shall determine the format and quantities of all documents to be submitted.
(B) Commission action.
(1) Upon receipt of any complete application for amendment, the Community Development Director or his/her designee on behalf of the Commission shall fix a reasonable time for the hearing of the proposed zone change or amendment and shall give notice in the manner as specified in § 154-09-009. The Commission may continue such hearing to a date certain.
(2) The Community Development Director or his/her designee shall submit a report and recommendation to the Commission prior to the scheduled public hearing.
(3) The Commission shall review any application based on the Town of Payson General Plan, Unified Development Code, other applicable town codes, ordinances and policies and sound land use planning principles.
(4) Within 30 days after the close of the hearing, the Commission shall render and forward its decision to the Council.
(5) The Commission may vote to withdraw any Commission initiated amendment, prior to its submission to Council.
(C) Council action.
(1) Upon receipt of the Commission's recommendation, the Council shall hold at least one public hearing after providing notice as specified in § 154-09-009.
(2) The Council may require conditions as may be appropriate based on (1) the Town of Payson General Plan, Unified Development Code, other applicable town codes, ordinances and policies and (2) sound land use planning principles.
(3) The Council may approve a change of zone conditioned upon a schedule for development of the specific use or uses for which rezoning is requested. If at the expiration of this period the property has not been improved for the use for which it was conditionally approved, the Council, after notification by certified mail to the owner and applicant who requested the rezoning, shall schedule a public hearing to take administrative action to extend, remove, or determine compliance with the schedule for development or take legislative action to cause the property to revert to its former zoning classification.
(4) If the owners of 20% or more either of the area of the lots included in a proposed change, or of those immediately adjacent in the rear or any side of the lot extending 150 feet, or of those directly opposite of the lot extending 150 feet from the street frontage of the opposite lots, file a protest in writing against a proposed amendment, it shall not become effective except by the favorable vote of three-fourths of the members of the Council. If members of the Council are unable to vote on the issue because of conflict of interest, then the required number of votes for passage of the question shall be three-fourths of the remaining membership of the governing body, provided that such required number of votes shall in no event be less than a majority of the full membership of the Council.
(Ord. 466, passed 2-22-96; Am. Res. 2646, passed 1-5-12; Am. Ord. 818, passed 1-5-12)