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Emigration Canyon City Zoning Code

CHAPTER 19

90 AMENDMENTS AND REZONING

19.90.010 Amendment Procedure

The Metro Township council may amend the number, shape, boundaries or area of any zone or any regulation within any zone. Any such amendment shall not be made or become effective unless the same shall have been proposed by or be first submitted for the recommendation of the relevant planning commission.

(Ord. 1627 § 12 (part), 2008: Ord. 1473 (part), 2001: (part) of Ord. passed 2/22/84; § 1 (part) of Ord. 2560, passed 11/23/81: prior code § 22-1-8(1))

HISTORY
Adopted by Ord. 18-06-02 on 6/28/2018

19.90.020 Hearing--Notice

Before finally adopting any such amendment, the Metro Township council shall consider the application during a public meeting which has been properly noticed in compliance with the provisions of Title 52, Chapter 4, of the Open and Public Meetings Act.

(Ord. 1627 § 12 (part), 2008: Ord. 1473 (part), 2001: (part) of Ord. passed 2/22/84; § 1 (part) of Ord. 2560, passed 11/23/81: prior code § 22-1-8(2))

HISTORY
Adopted by Ord. 18-06-02 on 6/28/2018

19.90.030 Determination Of Council

The Metro Township council, after review of the recommendation of the planning commission, may approve, deny, alter or remand for further review and consideration any application for zone change referred to the council by the planning commission.

(Ord. 1627 § 12 (part), 2008: Ord. 1473 (part), 2001: (part) of Ord. passed 2/22/84: § 1 (part) of Ord. 2560, passed 11/23/81: prior code § 22-1-8(3))

HISTORY
Adopted by Ord. 18-06-02 on 6/28/2018

19.90.050 Disapproval Of Rezone Application

Disapproval of an application to amend the zoning map shall preclude the filing of another application to amend the zoning map to reclassify the same parcel of property, or any portion thereof to the same zone classification or if the application is for a commercial classification to the same or any other commercial classification, within one year of the date of the final disapproval of the application unless the Metro Township council finds that there has been a substantial change in the circumstances or sufficient new evidence since the disapproval of the application to merit consideration of a second application within the one-year time period.

(Ord. 1627 § 12 (part), 2008: Ord. 1473 (part), 2001: Ord. 1021 § 2, 1988: (part) of Ord. passed 2/22/84: (part) of Ord. passed 5/4/83; § 1 (part) of Ord. 2560, passed 11/23/81; prior code § 22-1-8(5))

HISTORY
Adopted by Ord. 18-06-02 on 6/28/2018

19.90.060 Conditions To Zoning Map Amendment

  1. In order to provide more specific land use designations and land development suitability; to insure that proposed development is compatible with surrounding neighborhoods; and to provide notice to property owners of limitations and requirements for development of property, conditions may be attached to any zoning map amendment which limit or restrict the following:
    1. Uses;
    2. Dwelling unit density;
    3. Building square footage;
    4. Height of structures.
  2. A zoning map amendment attaching any of the conditions set forth in subsection A shall be designated ZC after the zoning classification on the zoning map and any such conditions shall be placed on record with the planning commission and recorded with the county recorder.
  3. In the event any zoning condition is declared invalid by a court of competent jurisdiction, then the entire zoning map amendment shall be void. Any deletion in or change to zoning condition shall be considered an amendment to the zoning ordinance and shall be subject to the requirements of this chapter.

(Ord. 1627 § 12 (part), 2008: Ord. 1473 (part), 2001: Ord. 1148 § 2, 1991; Ord. 861, 1983: § 1 (part) of Ord. 2560, passed 11/23/81; prior code § 22-1-8(6))

HISTORY
Adopted by Ord. 18-06-02 on 6/28/2018

19.60.070 Application To Amend The General Plan

Subject to the restrictions in Sections 19.90.080 and 19.90.090, any property owner or authorized agent thereof may file an application requesting an amendment to the Metro Township general plan. Such application shall include the reasons or basis upon which the property owner believes the Metro Township general plan should be amended. Amendments to the county general plan shall comply with the procedures set forth in Chapter 27a of Title 17 of the state code.

(Ord. 1627 § 12 (part), 2008: Ord. 1473 (part), 2001: Ord. 1152 § 2, 1991)

HISTORY
Adopted by Ord. 18-06-02 on 6/28/2018

19.90.080 Restriction On Applications After Adoption Of General Plan

No application may be filed by any property owner or authorized agent thereof to amend any part of the Metro Township general plan for a period of one year after adoption of such part of the Metro Township general plan by the Metro Township council.

(Ord. 1473 (part), 2001: Ord. 1154 § 3, 1991)

HISTORY
Adopted by Ord. 18-06-02 on 6/28/2018

19.90.090 Disapproval Of General Plan Application

Disapproval of an application to amend the Metro Township general plan shall preclude the filing of another application to amend the general plan text in the same or similar manner or to amend the general plan map for any parcel of property or portion thereof to the same land use designation within two years of the date of the final disapproval of the application unless the planning commission finds that there has been a substantial change in the circumstances or other significant reasons since the disapproval of the application to merit consideration of a second application within the two-year time period. No appeal to the Metro Township council may be taken from a planning commission decision rendered pursuant to this section.

(Ord. 1473 (part), 2001: Ord. 1154 § 4, 1991)

HISTORY
Adopted by Ord. 18-06-02 on 6/28/2018

18-06-02