A. Purpose. The zoning text amendment process allows for amendment to the use requirements within zoning districts to allow particular uses which are not otherwise permitted within a specified zone, provided that proposed uses are substantially similar to, and compatible with, the objectives and characteristics of the zone.

B. Uses Not Specified. Uses not specified as authorized within any particular zoning district are prohibited, unless authorized pursuant to the other provisions of this Land Use Code.

C. Similar Use Determination Repealed. Text amendments pursuant to this chapter encompass and shall supersede similar use determinations as previously allowed by various sections of this Land Use Code, all of which are hereby repealed. (Ord. 08-03 (part), 2008)

A. Any person having a proprietary interest in any real property within the corporate limits of the City may request a map amendment or text amendment by filing three copies of the application for such change or amendment with the Zoning Administrator. The application shall, at a minimum, include the following information:

B. Pre-Application Conference. Prior to the filing of an application for a map amendment or zoning text amendment, the applicant shall meet with the planning department to discuss the proposed application. At the pre-application meeting the application contents, review procedures, use and area standards, and the general character of the development may be discussed. At the pre-application conference, the applicant may be represented by a land planner, engineer or surveyor. Applicants are encouraged to submit a conceptual site plan at the pre-application stage.

C. Modifications of Submittals. City staff shall be authorized to waive or modify application submittal requirements as reasonable necessary to address the attributes of a specific application. (Ord. 08-03 (part), 2008)

A. The land to be zoned was zoned in error and, as presently zoned, is inconsistent with the policies and goals of the City’s General Plan.

B. The area for which a map amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area.

C. The proposed map amendment is necessary in order to provide land for a use which was not anticipated at the time of the adoption of the City’s General Plan, and that such change will be consistent with the policies and goals of the plan. Special consideration shall be given to existing conditions on and around the area in question, including the changing nature of the area, land uses, densities, and the height and scale of both existing and proposed structures. (Ord. 08-03 (part), 2008)

A. Was the existing zone for the property adopted in error?

B. Has there been a change of character in the area including, but not limited to: the installation of public facilities or new utilities; other approved zone changes; new growth trends; deterioration of existing development; or the need for development transitions?

C. Is there a need for the proposed zoning within the area or community?

D. Is the proposed zoning classification compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated?

E. Will benefits be derived by the community or area by granting the proposed zoning?

F. Are adequate facilities available to serve development for the type and scope of development suggested by the proposed zoning classification? If utilities are not available, can they be reasonably extended?

G. Does the application conform with the provisions of the Moab General Plan, the Land Use Code, and applicable agreements with affected governmental entities? (Ord. 08-03 (part), 2008)

A. Is the proposed use substantially similar to other authorized uses permitted within the subject zoning district?

B. Is the proposed use a relatively new use type or development concept that was not anticipated at the time of the adoption of the City’s General Plan?

C. Is the amendment consistent with the policies and goals of the General Plan?

D. Will the amendment create significant adverse impacts upon neighboring properties within or adjacent to the zoning districts which would be affected by the change?

E. Is it in the public interest to approve the proposed amendment?

F. Is the amendment likely to lead to a positive redevelopment of a specific area or zone?

G. Will the amendment provide a variety of options for residents in terms of economic development, affordable housing, or other benefits?

H. Is the amendment appropriate considering the existing conditions in the zoning district, the established relationships between zoning districts, existing land uses and densities, and the scale of both existing and proposed development? (Ord. 08-03 (part), 2008)

A. Upon receipt of a complete application under this chapter city staff shall promptly schedule a public hearing before the Planning Commission.

B. Within thirty days following the closing of the public hearing, the Planning Commission shall either recommend approval, approval with modifications, or disapproval of the application to the City Council. The recommendation of the Planning Commission shall be transmitted to the City Council and to the applicant within ten days of the recommendation.

C. City staff may provide a staff report, which shall be provided to the applicant no later than three days prior to the public hearing or public meeting before City Council. (Ord. 08-03 (part), 2008)

A. The City shall provide notice with respect to the Planning Commission public hearing describing the real property subject to the application order under this chapter; the present and proposed zoning; and the time, date, and location of the hearing as follows:

B. Property Posting. In addition to the notifications by the City, the applicant shall post signs, in a form acceptable to the City, noticing the public hearing in at least one location every five hundred feet along the perimeter of the land area proposed for map amendment at least three days prior to the hearing. Such notice shall include the present and proposed rezoning; the time, date, and place of the public hearing; and contact information for the Zoning Administrator.

C. Exception for General Amendments. When a zoning map amendment or text amendment is incidental to, or part of a general revision of the official zoning map or the text of this Land Use Code, whether such revision is made by repeal of the existing zoning and/or land use regulations and enactment of a new zoning and/or land use regulations, or otherwise, posting notice on the land area subject to the amendment or mailing to affected property owners or adjoining property owners is not required. (Ord. 08-03 (part), 2008)

A. The City Council may authorize any zoning map amendment or text amendment by ordinance adopted at a public meeting, which shall be held promptly following receipt of the Planning Commission recommendation.

B. Notice of the public meeting shall be given to the applicant and by posting in at least one place within the City and by posting on the City’s official website at least twenty-four hours prior to the meeting.

C. In its discretion, the Council may elect to receive testimony or evidence from the applicant, city staff, and the public prior to taking final action on the ordinance.

D. The approval of a zoning map amendment or text amendment is a legislative decision, which is committed to the discretion and judgment of the City Council. (Ord. 08-03 (part), 2008)

A. Any person adversely affected by the final decision of the City Council pursuant to this chapter may appeal that decision to the Grand County district court.

B. An appeal or any other judicial action arising from, or seeking review of, a decision by the City Council under this chapter must be filed no lather than thirty days from the date of the final decision or action that is the subject of the action or legal claim. Any action commenced beyond that time is barred and shall be subject to summary dismissal.

C. Review of any zoning map amendment or text amendment application shall be based upon the record of proceedings before the City Council. Upon the commencement of a judicial appeal challenging any decision under this chapter, the City shall transmit to the district court true and correct copies of all submittals, testimony, orders, and file documents comprising the record pertaining to the application, including any transcript or tape recordings of proceedings. (Ord. 08-03 (part), 2008)