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Chapter 1.31 Rezoning of Property 2016-11-01T09:54:47+00:00

CHAPTER 1.31
REZONING OF PROPERTY


Sections:

1.31.005 Purpose.
1.31.010 Rezoning of Property Allowed.
1.31.015 Submission of Application.
1.31.020 Form and Contents of Required Documents.
1.31.025 Public Notice.
1.31.030 Review and Approval Procedures.
1.31.035 Approval Guidelines.
1.31.040 Resubmittal for Denied Application.
1.31.045 Appeals.

1.31.005 PURPOSE.
The City may, from time to time, amend the number, shape or boundaries of any zoning district or any regulation within a zoning district. Any amendment to this Title which changes any property from one zoning district to another zoning district, or imposes any regulation upon property not theretofore imposed, or removes or modifies any such regulation, shall be initiated and adopted as an Ordinance hereinafter set forth in this Chapter.

1.31.010 REZONING OF PROPERTY ALLOWED.
Only property owners or their duly authorized agents shall make application Rezone Property. As per Chapter 1.04 Powers and Duties of the Planning Commission it is the Planning Commission duty to make recommendations to the City Council on adopting and amending land use Ordinances and zoning maps as such may initiate a Rezoning of Property.

A.  In accordance with UCA 17-41-402 the City shall not change the zoning designation of or zoning regulations effecting land within an Industrial Protection Area or Agriculture Protection Area unless the regulations of UCA 17-41-402 Limitations on Local Regulations and Chapter 1.35 have been met.

1.31.015 SUBMISSION OF APPLICATION.

A. Only property owners or their duly authorized agents shall make application for a Rezoning of Property on forms approved by the Zoning Administrator. Rezoning of Property that is initiated by the Planning Commission is exempt from the submission of an application.

B. No Rezoning of Property application shall be processed without the submission of the application, all the supporting materials as required by this Chapter, and the processing fee. Incomplete applications shall not be processed under any circumstances. The time frame for when an application shall be reviewed set by policy of the Zoning Administrator.

C. The application for Rezoning of Property approval shall include the following:

1. All documents required in Section 1.31.020 below.

2. Payment of the applicable fee as set by Resolution of the City Council.

1.31.020 FORM AND CONTENTS OF REQUIRED DOCUMENTS.
The Rezoning of Property application shall be submitted with the materials listed in this Section. The Zoning Administrator or Planning Commission may determine and require that additional items not listed herein be submitted in order to evaluate the Rezoning of Property application. The number of hard copies shall be determined by the Zoning Administrator.

A. Legal Description. A legal description of the property.

B. Written Statement. A written statement as to how the Rezoning of Property is consistent with the City’s General Plan or other planning documents approved by the City Council.  Included in this explanation shall be a statement as to why the existing zoning is no longer appropriate.  The written statement shall identify the proposed zoning district or any proposed regulation within a zoning district. Applicants proposing Rezoning of Property shall provide evidence to justify the reason for the proposed change.

C. Map. A map showing any property that is being proposed to be amended from one zoning district to another zoning district and the zoning of the surrounding properties.

D. Public Notice. Addressed and stamped envelopes (the City’s address shall be the return addresses on the envelopes) of property owners located within three-hundred (300) feet of the proposed Rezoning of Property that proposes the amendment of the shape, boundary, or change any property from one zoning district to another zoning district.

E. Existing Conditions Map. A map showing the existing physical characteristics of the site including waterways, geological information, fault lines, general soil data, contour data two (2) foot intervals, if required by the Zoning Administrator or Planning Commission.

1.31.025 PUBLIC NOTICE.

A. Zoning District – Boundary.  The public notice for Rezoning of Property that proposes the amendment of the shape, boundary, or change any property from one zoning district to another zoning district shall be according to this Section.  Zoning Administrator shall cause all Affected Entities and property owners within three-hundred (300) feet of the boundaries of the parcel of property which is subject to the Rezoning of Property to be notified by first class mail of the date, place and time of the public hearing and other relevant information associated with the hearing at least ten (10) days prior to the hearing. A notice of the date, place and time of the public hearing and other relevant information associated with the hearing shall be published in a newspaper of general circulation in and for Tremonton City at least ten (10) days prior to the hearing and be posted in three (3) public places within the City, or posted on the City website and the Utah Public Notice website at least ten (10) days prior to the hearing. Twenty-four (24) hour notice of a public meeting shall be posted in three (3) public places within the City or posted on the City website and the Utah Public Notice website.

B. Zoning District – Regulations. The public notice for Rezoning of Property which imposes any regulation upon property not theretofore imposed, or removes or modifies any such regulation shall be according to this Section.  A notice of the date, place and time of the public hearing and other relevant information associated with the hearing shall be mailed to Affected Entities and published in a newspaper of general circulation in and for Tremonton City at least ten (10) days prior to the hearing and be posted in three (3) public places within the City, or posted on the City website and the Utah Public Notice website at least ten (10) days prior to the hearing. Twenty-four (24) hour notice of a public meeting shall be posted in three (3) public places within the City or posted on the City website and the Utah Public Notice website.

C. Notice to Applicant. Pursuant to Utah Code Annotated 10-9a-202 the Zoning Administrator shall: notify the Applicant of the date, time, and place of each public hearing and public meeting to consider their Rezoning of Property application; provide to each Applicant a copy of each staff report, if a report is prepared, regarding their Rezoning of Property application at least three (3) business days before the public hearing or public meeting; and notify the Applicant of any final action on their Rezoning of Property application.

1.31.030 REVIEW AND APPROVAL PROCEDURES.

A.  Zoning Administrator. Upon receipt of a complete application, the Zoning Administrator shall schedule the application for a public hearing and review before the Planning Commission. Prior to the hearing at which the Rezoning of Property application is scheduled to be heard, the Zoning Administrator shall transmit the application materials together with a written analysis of the Rezone of Property application, pertinent facts, a review of applicable regulations and a formal staff recommendation to the Planning Commission.

B. Planning Commission.  The Planning Commission shall hold a public hearing on the Rezoning of Property and thereafter consider the Rezoning of Property request, together with all pertinent facts, applicable policies and guidelines (See Section 1.31.035) and the staff recommendation and shall take action to approve, approve with modifications, disapprove or request further information prior to rendering a final recommendation, or may take any other action allowed by applicable law and forward its recommendations concerning the proposed Rezoning of Property to the City Council in a public meeting.

C. City Council.  Upon receiving the recommendations of the Planning Commission the City Council shall consider a proposed Rezoning of Property; the City Council may hold an optional public hearing pursuant to applicable laws on the proposed Rezoning of Property. The City Council may vote to approve, modify or disapprove the proposed Rezoning of Property, or may take any other action allowed by applicable laws. The consideration of a Rezoning of Property is a Legislative Decision.

1.31.035 APPROVAL GUIDELINES.
Rezoning of Property is a Legislative Decisions that are based upon what the City Council determines to be within the public interest and compatible with goals and policies of the City.  The guidelines contained in this Section are intended to assist the City Council in rendering a decision to approve or deny a proposed Rezoning of Property.  These guidelines are advisory, and shall not be construed to expand or limit the scope of the City Council’s decision making authority and are not admissible in court for any purpose other than to demonstrate that the review has been completed.

A. Public Purpose. The public purpose for the proposed Rezoning of Property and confirmation that the public purpose is best served by the Rezoning of Property.

B. Compatibility with General Plan. Compatibility of the proposed Rezoning of Property with General Plan goals and objectives and Future Land Use Plan.

C. Adverse Impact. Adverse impacts associated with the proposed Rezoning of Property.

1.31.040 RESUBMITTAL OF DENIED APPLICATION.
Where an application for a Rezoning of Property has been denied, the Planning Commission and the City Council shall not review the same Rezoning of Property application within six (6) months of such denial, but may consider the proposal thereafter, but only if there is a substantial change of conditions since the earlier application or if two (2) or more members of the City Council change. A resubmitted application shall be processed in accordance with the procedure outlined above.

1.31.045 APPEALS.

A. The Appeal Authority and deadline for filing an appeal of a Rezoning of Property shall be as follows:

1. First Appeal. Person has thirty (30) days to appeal the decision of the City Council to District Court. (See Utah Code 10-9a-801)

2. Second Appeal. None.

ORD 13-05
ORD 15-06