14-2-205 AMENDMENTS TO THE LAND USE CODE AND MAP

A. This Title, including the official zoning map, may be amended by the City Council after the Planning Commission has reviewed the proposed amendments and made an official recommendation to the Council. B. For the purpose of establishing and maintaining sound, stable, and desirable development within the City, it is declared to be the public policy that amendments should not be made to the Bountiful City Land Use Code or Zoning Map except to promote the objectives and purpose of this Title, the Bountiful City General Plan, or to correct manifest errors. C. Any person or organization seeking an amendment to the Land Use Code or any property owner or authorized agent of any property owner seeking an amendment to the Zoning Map shall submit to the Bountiful City Planning Department a completed application containing the following information: 1. Designation of the specific zone change or Land Use Code text amendment desired. 2. The reason and justification for such zone change or Land Use Code text amendment, and a statement setting forth the manner in which a proposed amendment or Zone would further promote the objectives and purposes of this Ordinance. 3. A complete and accurate legal description of the area proposed to be rezoned, or a draft of the proposed Land Use Code text amendment. 4. An accurate plat, drawn to scale with appropriate dimensions, showing all areas to be included within the proposed rezoning, designating the present zoning of the property subject to the petition, and properties immediately adjacent thereto. 5. A list of all property owners within a radius of five hundred (500) feet of the boundaries of the property to be rezoned, as currently shown in the records of the Davis County Recorder, on self-adhesive labels ready for mailing to all names on the list. 6. A filing fee for a zone change or text amendment, as set by the City Council, paid at the time of application. This fee is non-refundable. An application initiated by the City shall be exempt from paying the required filing fee. The purpose of this fee is to offset the cost of legal publications, notification of property owners, and the staff time involved in researching the appropriateness of said request and its effect on the general welfare of the City. D. Upon receipt of a completed application, the Planning Director shall forward a copy of all material to the Planning Commission for consideration at the next regularly scheduled meeting that satisfies all of the noticing requirements. E. The Planning Commission and/or City Council shall not hear a petition to rezone a parcel of land, or portion of a parcel of land, that was considered for rezone within the previous twelve (12) months, except that the City Council may reconsider a previous action to deny a request sooner than the expiration of the twelve (12) month period, if: 1. At least one (1) City Council member, who voted with the prevailing majority on the earlier City Council action, moves to have the City Council reconsider the matter and a quorum of the City Council approves the reconsideration; and 2. The appropriate notices are published and a public hearing held, as required by law. Referral to and reconsideration of the rezone by the Planning Commission shall be at the discretion of the City Council. F. Once an item has been properly noticed and placed on an agenda, the Planning Commission shall consider the request and shall approve, disapprove or continue the petition for future consideration. After taking final action on such petition, the Planning Commission shall certify its recommendation to the City Council as approval or disapproval of the proposed amendment. Before recommending a text amendment to this Code or a change to the Zoning Map, it must be found that such amendment is necessary, is in the interest of the public, and is in harmony with the objectives and purposes of this Code. Failure on the part of the Planning Commission to make recommendation to the City Council within thirty (30) days after hearing the petition shall be deemed to constitute approval of such proposed amendment or change which shall then be passed on to the City Council for appropriate action. G. The City Council shall determine if a public hearing should be scheduled to consider the Zone Map amendment or Land Use Code text amendment. Concurrence by the City Council with an unfavorable recommendation of the Planning Commission shall constitute a denial of the application, and no public hearing shall be held. If the recommendation is favorable or if the City Council determines the proposed amendment to be desirable despite an unfavorable recommendation, a public hearing shall be held. H. The public noticing requirement for a zone map amendment or Land Use Code text amendment shall be as required by State Law. In addition, the following shall apply for a zone map amendment: 1. Notice shall be sent to all property owners within five hundred (500) feet radius of the subject property at least fourteen (14) days prior to the first scheduled public hearing. 2. A sign shall be posted on the site or adjacent to the closest section of public right-of-way, at least ten (10) days in advance of the scheduled meeting. I. After the public hearing, the City Council may adopt, amend and adopt, or reject the zone change or Land Use Code text amendment. J. Resubmission of any application for the same amendment shall not be allowed for a period of one (1) year from the date of final decision or from the date when the application was withdrawn.