8.02.05 Procedure to Amend the Title, Code or Zoning Map

(1) Application. This title, including the zoning map, may be amended by the Town of Daniel Legislative Body in accordance with the requirements of Title 10 of the Utah Code Annotated. For the purpose of establishing and maintaining sound, stable, and desirable development within the Town of Daniel, amendments shall not be made to this title or the adopted zoning map except to promote more fully the objectives and purposes of the General Plan and this title. Any person seeking an amendment to this title or the adopted Zoning Map shall submit to the planning staff a written petition containing the following information: (a) Designation of the specific zone change or title amendment desired; (b) The reason and justification for such zone change or title amendment, and a statement setting forth the manner in which a proposed amendment or zone would further promote the objectives of the General Plan and the purposes of this title; (c) A complete and accurate legal description of the area proposed to be rezoned; or a draft of the proposed title amendment; (d) An accurate development plan, drawn to scale, showing all areas to be included within the proposed rezoning, designating the present zoning of the property, and properties immediately adjacent thereto; (e) A slope map showing categories of slopes at 0-10%, 11-20% 21-30% and over 30% slopes; and (f) The filing fee as established by ordinance. (2) Public Hearing. The planning commission and Town of Daniel Legislative Body shall hold a public hearing wherein it must be shown that such amendment is in the interest of the public, and is consistent with the goals and policies of the General Plan: (a) The Town of Daniel Legislative Body may amend the number, shape, boundaries, or area of any zoning district, or any regulation of or within a zoning district, or any other provision of this title. Such amendments shall either be proposed by the planning commission or first submitted to the planning commission for its approval, disapproval, or recommendations. (b) The Town of Daniel Legislative Body shall hold a public hearing on all proposed amendments and rezonings as defined in this section. Notice of the public hearing shall be given in a manner consistent with state law. (c) Except as otherwise provided in this title, the Town of Daniel Legislative Body shall consider amendments to either the Daniel Land Use Code of the General Plan only once in any given year and rezones as defined in this section annually in November. The deadline for such amendments and rezone applications shall be submitted to the planning commission by July 15th of any given year for the recommendation by the planning commission. After July 15th, the item may not be heard until the following year unless initiated by the planning commission or town council. (Amended eff. 11-5-2007) (3) Exceptions. The Town of Daniel Legislative Body shall have authority to amend Title 8 at any time when the Town of Daniel Legislative Body finds that immediate enactment of an ordinance is necessary for the preservation of the peace, health, safety or welfare of the Town of Daniel and its inhabitants.