1.32.010 Title Amendments Allowed.
1.32.015 Submission of Application.
1.32.020 Form and Contents of Required Documents.
1.32.025 Public Notice.
1.32.030 Review and Approval Procedures.
1.32.035 Approval Guidelines.
1.32.040 Resubmittal of Denied Application.
The purpose of this Chapter is to provide a method and process to allow a person or Planning Commission to initiate a Title Amendment to a land use Ordinance contained in Title I, II, or III.
1.32.010 TITLE AMENDMENTS ALLOWED.
Any person may make application to amend any portion of Title I, Title II, and Title III. 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 as such may initiate a Title Amendment. The Zoning Administrator is authorized to make administrative Title Amendments to the aforementioned Titles include but not limited to spelling errors, reference errors, formatting errors, etc.
1.32.015 SUBMISSION OF APPLICATION.
A. Only property owners or their duly authorized agents shall make application for a Title Amendment 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 Title Amendment 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 Title Amendment approval shall include the following:
1. All documents required in Section 1.32.020 below.
2. Payment of the applicable fee as set by Resolution of the City Council.
1.32.020 FORM AND CONTENTS OF REQUIRED DOCUMENTS.
The Title Amendment application shall be submitted with the materials listed in this Section. The Zoning Administrator may determine and require that additional items not listed herein be submitted in order to evaluate the proposed Title Amendment application. The number of hard copies shall be determined by the Zoning Administrator.
A. Written Statement. A written statement as to how the proposed Title Amendment to the ordinance 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 ordinance is no longer appropriate. The written statement shall identify the proposed Title Amendment. Applicants proposing Title Amendments shall provide evidence to justify the reason for the proposed change.
1.32.025 PUBLIC NOTICE.
A. Public Meeting and Hearing. 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.
B. 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 Title Amendment application; provide to each Applicant a copy of each staff report, if a report is prepared, regarding their Title Amendment application at least three (3) business days before the public hearing or public meeting; and notify the Applicant of any final action on their Title Amendment application.
1.32.030 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 Title Amendments application is scheduled to be heard, the Zoning Administrator shall transmit the application materials together with a written analysis of the Title Amendments 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 Title Amendments and thereafter consider the Title Amendments request, together with all pertinent facts, applicable policies and guidelines (See Section 1.32.035) 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 Title Amendments 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 Title Amendments; the City Council may hold an optional public hearing pursuant to applicable laws on the proposed Title Amendments. The City Council may vote to approve, modify or disapprove the proposed Title Amendments, or may take any other action allowed by applicable laws. The consideration of a Title Amendments is a Legislative Decision.
1.32.035 APPROVAL GUIDELINES. Title Amendment are Legislative Decisions that are based upon what the City Council determines to be within the public interest and consistent 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 Title Amendment. 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 Title Amendment and confirmation that the public purpose is best served by the Title Amendment.
B. Compatibility with General Plan. Compatibility of the proposed Title Amendment with General Plan goals and objectives.
C. Adverse Impact. Adverse impacts associated with the proposed Title Amendment.
D. Changed or changing conditions make the proposed Title Amendment reasonably necessary to carry out the purposes of this Title.
1.32.040 RESUBMITTAL OF DENIED APPLICATION. Where an application for a Title Amendment has been denied, the Planning Commission and the City Council shall not review the same Title Amendment 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.
A. Title Amendments. The Appeal Authority and deadline for filing an appeal of a Title Amendment 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.