2-2-080 Zoning Map and Text Amendments

A. Purpose. This section sets forth procedures for amending the provisions of this Code and the zoning map. B. Authority. The County Commission may from time to time amend the text of this Code and the zoning map as provided in this section. Amendments may include changes in the number, shape, boundaries, or area of any zone, zone regulations, or any other provision of this Code. The provisions set forth herein shall not apply to temporary zoning regulations which may be enacted without public hearing in accordance with Section 2-2-200 of this Chapter. C. Initiation. Proposed amendments to the text of this Code and the zoning map may be initiated by the County Commission, Planning Commission, authorized County Staff, or a property owner affected by a proposed amendment as provided in this section. An agent of a property owner shall provide a notarized authorization. D. Procedure. Zoning text and map 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 application shall include at least the following information: a. The name, address and telephone number of the applicant and the applicant’s agent, if any; b. The names of all owners of the subject property; c. The requested amendment and reasons supporting the request; and d. If the proposed amendment requires a change in the zoning map, the application shall include: 1) An accurate property map showing current and proposed zoning classifications; and all abutting properties showing current zoning classifications. 2) An accurate legal description and parcel number of the area proposed to be rezoned. e. If the proposed amendment requires a change in the text of this Code, the application shall include chapter and section references and a draft of the proposed text. 2. After an application is determined to be complete, the Zoning Administrator may prepare a staff report evaluating the application. 3. The County shall give a Class A or a Class B notice on the proposed amendment as provided in Section 2-2-050 of this Code and Utah Code 17-27a-205 as amended. a. Each notice of a public hearing shall be mailed to each affected entity and be noticed as a Class B notice for at least ten (10) calendar days before the day of the public hearing. b. Each notice of a public meeting shall be at least twenty four (24) hours before the meeting and shall be published as a Class A notice. c. A Class B notice shall be given to the owner of private real property whose property is located within the proposed zoning map enactment or amendment at least ten (10) calendar days before the scheduled day of the public hearing, as provided in Section 2-2-050 of this Code and Utah Code 17-27a-205-5 as amended. d. A Class B notice shall be given to adjacent property owners to a proposed zoning map amendment as provided in Section 2-2-050 of this Code. 4. Following the public hearing and review of the application the Planning Commission shall thereafter submit its recommendation for approval, approval with modifications, or denial thereof to the County Commission. After due consideration of the recommendation from the Planning Commission, the County Commission may approve, approve with modifications, or deny the proposed amendment in a public meeting. E. Approval Standards. A decision to amend the text of this Code or the zoning map is a matter within the legislative discretion of the County Commission as described in Section 2-2-060(A) of this Chapter. In making an amendment, the following factors shall be considered: 1. Whether the proposed amendment is consistent with goals, objectives and policies of the County’s General Plan; 2. Whether the proposed amendment is harmonious with the overall character of existing development in the vicinity of the subject property; 3. The extent to which the proposed amendment may adversely affect adjacent property; and 4. The adequacy of facilities and services intended to serve the subject property, including, but not limited to, roadways, parks and recreation facilities, police and fire protection, schools, storm water drainage systems, water supplies, and waste water and refuse collection. F. Appeal. Any person adversely affected by a final decision of the County Commission to amend the text of this Code or the zoning map 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 provisions of this Code or the zoning map shall not be deemed an approval of any conditional use permit, site plan, subdivision, or other permit. Approval of such permits shall be obtained in accordance with applicable provisions of this Code and other applicable Box Elder County ordinances. H. Effect of Disapproval. County Commission denial of an application to amend the provisions of this Code or the zoning map shall preclude the filing of another application covering substantially the same subject or property, or any portion thereof, for six (6) months from the date of the disapproval, except as follows: 1. Another application may be sooner considered if: a. The Planning Commission determines a substantial change in circumstances has occurred to merit consideration of the application; or b. The application is for a change to a different zone. 2. The County Commission or Planning Commission may propose any text or zoning map amendment at any time.