2-2-070 General Plan Amendment

A. Purpose. This section sets forth procedures for amending the Box Elder County General Plan. B. Authority. The County Commission may from time to time amend the General Plan as provided in this section. Such amendments may include any matter within the scope of the General Plan as provided in Section 1-2-030 of this Code. C. Initiation. Proposed amendments to the General Plan may be initiated by any person, the County Commission, Planning Commission, or authorized County staff as provided in this section. D. Procedure. General Plan amendments shall be considered and processed as provided in this subsection. 1. An application shall be submitted to the Zoning Administrator in a form established by the Administrator along with any fee established by the County’s schedule of fees. The County Commission, Planning Commission, or authorized County staff may initiate a General Plan amendment at any time without submittal of an application or payment of any fee. 2. A person proposing General Plan amendments shall do the survey and analysis work necessary to justify the proposed amendment. To ensure the Planning Commission and County Commission have sufficient information to evaluate a proposed amendment, an applicant shall submit at least the following information: a. The name, address and telephone number of the applicant, the applicant’s agent, if any, and the name and address of every person or company the applicant represents; b. For map amendments: 1) 8-1/2" x 11" map showing the area of the proposed amendment; 2) Current copy of County Assessor’s parcel map showing the area of the proposed amendment; 3) Mapped inventory of existing land uses within the area of the proposed amendment and extending ½ mile beyond such area; 4) Correct property addresses of parcels included within the area of the proposed amendment; 5) Written statement specifying the potential use of property within the area of the proposed amendment; 6) Written statement explaining why the existing General Plan designation for the area is no longer appropriate, desirable, or feasible; and 7) Analysis of the potential impacts of the proposed amendment on existing infrastructure and public services such as traffic, streets, intersections, water and sewer, storm drains, electrical power, fire protection, garbage collection, and such other matters as the County may require from time to time; and c. For text amendments: 1) Written statement showing the desired language change; 2) Written statement explaining why existing General Plan language is no longer appropriate or feasible; 3) Analysis of the potential impacts of the proposed amendment; and 4) Map showing affected areas if text changes will affect specific geographic areas. 3. After an application is determined to be complete, the Zoning Administrator may prepare a staff report evaluating the application. 4. The County shall give a Class A notice on the proposed amendment as provided in Section 2-2-050 of this Code and Utah Code 17-27a-204 as amended. a. Each notice of a public hearing shall be at least ten (10) calendar days before the public hearing. b. Each notice of a public meeting shall be at least twenty four (24) hours before the meeting. 5. After the public hearing, the Planning Commission may make changes to the proposed General Plan. The Planning Commission shall then forward the proposed General Plan amendment to the County Commission. 6 The County Commission shall give notice and hold a public hearing on the proposed General Plan recommended to it by the Planning Commission and shall schedule and hold a public hearing on the proposed plan as provided in Section 2-2-050 of this Code and Utah Code 17-27a-204 as amended. E. Approval Standards. A decision to amend the General Plan is a matter within the legislative discretion of the County Commission as described in Section 2-2-060(a) of this Chapter. After the public hearing described in Subsection (D) (5) of this section, the County Commission may make any modifications to the proposed General Plan that it considers appropriate. The County Commission may adopt the General Plan amendment as proposed; amend the proposal and adopt or reject it as amended; or reject the proposed General Plan amendment. F. Appeal. Any person adversely affected by a final decision of the County Commission to amend the General Plan may appeal that decision to the district court as provided in Utah Code Ann. §17-27a-801, as amended. G. Effect of Approval. Approval of an application to amend the General Plan shall not be deemed an approval of any zone, conditional use permit, site plan, or other permit. Approval of a particular zone or permits shall be obtained in accordance with applicable provisions of this Code. H. Effect of Disapproval. County Commission denial of an application to amend the General Plan shall preclude a person from filing another application covering substantially the same subject or property, or any portion thereof, for six (6) months from the date of the disapproval. This section shall not limit the County Commission, Planning Commission, or authorized County staff from initiating a General Plan amendment at any time.