It is the intent of the City of Green River that these regulations, which include this ordinance and the official zoning map, have been established for the purpose of promoting sound and desirable development for maintaining stable land use patterns. In harmony with this purpose, the ordinance and map shall not be amended except to correct an obvious error or oversight in the regulations, or to recognize changing conditions in the city which require that amendments be adopted for the promotion of the public health, safety and general welfare. In conformity with this statement of policy, the governing body and the planning commission of the City of Green River may initiate amendments in the manner hereinafter set forth.

(A)

Types of Amendments: Amendments shall be of two (2) types:

(1)

Language amendments which seek to change the wording of the zoning ordinance; and

(2)

Amendments to the official zoning map.

(B)

Application Procedures: Applications for amendments of either type shall be made to the person or persons responsible for the administration of this ordinance, as designated by the city administrator. The application shall include among other things:

(1)

The name and address of the applicant.

(2)

The applicant's interest in the application, i.e., whether owner of the land or structure affected or agent.

(3)

The name and address of any other interested parties such as owner or developer.

(4)

The nature and effect of the proposed amendment.

(5)

A statement of the legal basis for such an amendment, whether to correct an error or to recognize changing conditions.

In addition, amendments to the official zoning map shall include:

(1)

A legal description and a map of the area sought to be rezoned. The maps shall show the relationship of the property to abutting properties within five hundred feet (500).

(2)

The existing zoning district designation and the proposed district designation.

(3)

A preliminary time schedule for development.

(4)

The names and addresses of all owners of land within the area proposed for rezoning.

The designated person or persons shall review the application for correctness and completeness and shall notify the governing body concerning the nature of the application and the date of its filing. The designated person or persons may forward a copy of the application to any other agency which might be affected by the amendment for their comment, and shall seek a timely response from agencies in regard to the application. If a response, or notification that a response will be given, is not forthcoming within fifteen (15) days from the date on which the application was sent, then the agency not responding shall be considered to have no objection.

Amendments shall be considered at a regular meeting of the planning commission. After due deliberation, the commission shall certify its findings and recommendations on any proposed amendment to the governing body in writing.

No amendment to this ordinance or the official zoning map shall be enacted until after a public hearing has been held before the governing body at which all interested parties shall have an opportunity to be heard. Notice of the time and place shall be given by one publication in a newspaper of general circulation in the city at least fifteen (15) days before the date of such hearing. Additionally, the area which is to be the subject of the hearing shall be posted for at least fifteen (15) days prior to the hearing. The posted notices shall be in number, size and location as prescribed by the person or persons responsible for the administration of this ordinance and shall state the present zoning classification, the proposed zoning classification and the time and place of the public hearing. Notices shall be posted by the applicant as required and removed by the applicant within fifteen (15) days after the public hearing has been held.

After the public hearing has been held, the governing body shall then vote on the zoning matter before it. In its deliberations, the governing body shall take into consideration all of the evidence and comments presented at the hearing, agency and community comments, and the recommendations of the planning commission. No zoning change shall be put into effect unless a majority of the governing body votes in favor of its adoption.

In the event of a protest to a proposed amendment to the official zoning map duly signed and acknowledged by the owners of twenty (20) percent or more of the area of the lots included within the proposed change, or those immediately adjacent within a distance of two hundred (200) feet, the amendment shall not become effective except by the affirmative vote of three-fourths of all the members of the governing body. The governing body of the City of Green River may require verification of the ownership of those lots within the two hundred (200) feet distance.

All protests to a proposed amendment to the official zoning map, or any withdrawals from such a protest, shall be filed with the governing body at least twenty-four (24) hours before the time set by notice for the public hearing on the proposed amendment to which the protests are directed.

No application for the change of a zoning district classification shall be made by a property owner or his agent for any land area which has been the subject of a public hearing conducted by the governing body within the immediately preceding twelve-month period and upon which hearing resulted in a rejection of the proposed zoning. This limitation shall not apply to land for which a different zoning classification is sought than the one rejected by the governing body.

(A)

Minimum Sizes: It is the intent of this ordinance to discourage "spot zoning." All zoning districts shall be sized to function effectively when developed for the use intended for that district and to be of substantial benefit to significant segments of the populace of the City of Green River. For that reason, no amendment to this ordinance shall be adopted whereby a zoning classification is established for any land area unless the area to be zoned meets the following minimum size requirements for the zoning districts as noted:

(1)

O Open Lands Districts—Twenty (20) acres.

(2)

R-1 Single-Family Residential District—Ten (10) acres.

(3)

R-2 Single-Family Residential District—Five (5) acres.

(4)

R-3 Single- and Multiple-Family Residential District—Five (5) acres.

(5)

R-4 Multiple-Family and Institutional District—Three (3) acres.

(6)

MH Mobile Home District—Five (5) acres.

(7)

B-1 General Commercial District—Four (4) acres.

(8)

B-2 Downtown Business District—Twenty (20) acres.

(9)

I-1 Light Industrial District—Five (5) acres.

(10)

I-2 Heavy Industrial District—Ten (10) acres.

(11)

RC Residential Commercial District—One-half acre.

(B)

Measuring Area: For the purpose of computing the size of an area for compliance with paragraph (A) above, there shall be included:

(1)

One-half of the abutting rights-of-way.

(2)

All of the area of public rights-of-way interior to the area being changed.

(3)

Adjacent and contiguous land within the city already zoned in the zoning classification being sought for the new area.

(4)

Adjacent and contiguous land in the surrounding county that is zoned in a similar category or is used substantially for uses similar to those being sought by the applicant.

(Ord. No. 04-01, § 4, 1-20-04)

(A)

Maximum Size—RC District: It is the intent of this ordinance that the maximum size of selected districts be compatible with neighboring zones. Maximum sizes of the specific districts which are located adjacent to other zones prevent significant negative impacts. Through this provision, the impacts are minimized since there is often a direct relationship between district sizes and site characteristics. For that reason, no amendment to this ordinance shall be adopted when the district size of an RC District exceeds the maximum size listed below:

(1)

RC Residential Commercial District—One and one-half (1½) acres.

(B)

Measuring Area: For the purpose of computing the size of an area for compliance with paragraph (A) above, there shall be included:

(1)

One-half of the abutting rights-of-way.

(2)

All of the area of public rights-of-way interior to the area being changed.

(3)

Adjacent and contiguous land within the city already zoned in the zoning classification being sought for the new area.

(4)

Adjacent and contiguous land in the surrounding county that is zoned in a similar category or is used substantially for uses similar to those being sought by the applicant.

In recognition of the changing conditions within the community, certain districts are no longer appropriate. No future rezonings shall be allowed for the following district after the date indicated:

PB Planned Neighborhood District—Effective phase-out date is August 1, 1983.