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Richfield City Zoning Code

17.05 Amendments

To The General Plan And Land Use Ordinance

17.05.010 Land Use Ordinance Amendment Applications Required To Be Consistent With The General Plan

The City’s General Plan, and its accompanying maps, shall be considered an advisory policy guide for all land use decisions, the guidance of growth and development occurring in the City, and the provision of required infrastructure and services provided by the City.

No Land Use Ordinance Amendment Application, including any amendment to this Ordinance, and the accompanying maps, Zoning Districts Map or Official Maps, may be recommended by the Commission or approved by the Council, unless such Amendment Application is found to be consistent with the City’s General Plan.

HISTORY:

Ord. 2024-6, 4/23/2024

17.05.020 Public Uses To Conform

After the Council has adopted the Richfield City General Plan, with its accompanying maps, no street, park, or other public way, ground, place, or space, no publicly owned building or structure, and no public utility, whether publicly or privately owned, may be constructed or authorized until and unless it is found to conform to the General Plan, as adopted, including all maps.

HISTORY:

Ord. 2024-6, 4/23/2024

17.05.030 Amendments To Richfield City General Plan

A proposed General Plan Amendment Application, including an amendment to any associated map, may be initiated by any property owner, any resident, any business owner, the Council, Commission, LUHO, or Zoning Administrator by filing a General Plan Amendment Application. A General Plan Amendment Application shall be file with the City by presenting a General Plan Amendment Application to the Zoning Administrator.

HISTORY:

Ord. 2024-6, 4/23/2024

17.05.040 Procedures For Amending The General Plan

  1. Procedures. The procedures for the review and consideration of a General Plan Amendment Application are identified herein.
  2. Determination of Application Completeness. A General Plan Amendment Application shall be reviewed and considered by the Zoning Administrator for application completeness, as provided by 17.09 herein.
  3. Commission Public Hearing Required. Prior to recommending the adoption or denial of any General Plan Amendment Application to the Council, the Commission shall hold a public hearing in accordance with the procedures of this Ordinance and the Act and shall provide Class A notice a minimum of ten (10) calendar days of such hearing, as required by the Act and 17.06 herein.
  4. Commission Recommendation. Following the close of the Commission public hearing and at the meeting when the hearing is conducted or at a subsequent meeting, the Commission shall formulate a recommendation on the General Plan Amendment Application to the Council.
  5. Commission Recommendation Transmitted to Council. After the Commission has considered the Application and made its recommendation, the Commission shall transmit to the Council a copy of the Commission’s recommendation and the meeting minutes, and all other relevant materials of the proceedings before the Commission. Following the receipt of a copy of the General Plan Amendment Application recommendation from the Commission, and all other materials, the City Recorder shall schedule a public hearing with the Council to consider the Commission’s recommendation on the General Plan Amendment Application.
  6. Council Public Hearing Required. The Council shall consider the General Plan Amendment Application recommendation of the Commission at a public hearing by providing Class A notice a minimum of ten (10) calendar days for the required Council public hearing as required by the Act and 17.06 herein.
  7. Council Action. Following the close of the Council public hearing, and at a subsequent meeting, the Council may approve the General Plan Amendment Application, as presented, revise the proposed General Plan amendment and approve the proposed amendment as revised, or deny the proposed General Plan Amendment. If the Council approves the proposed amendment as submitted, or as revised, the Council shall adopt the General Plan Amendment by Ordinance.

HISTORY:

Ord. 2024-6, 4/23/2024

17.05.050 Criteria For Approval Of General Plan Amendments

In considering a General Plan Amendment Application, the Commission and Council shall consider the following:

  1. The effect of the proposed General Plan amendment on the public health, welfare, and safety of City residents.
  2. The effect of the proposed General Plan amendment on the interests of the City and its residents.
  3. The location of the proposed General Plan amendment as suitable for the uses and activities allowed by the proposed amendment, and the City, and all other service providers, as applicable.
  4. All infrastructure and/or services required by the proposed uses and activities can be provided in a cost effective and efficient manner.
  5. The compatibility of the proposed uses with nearby and adjoining properties.
  6. The suitability of the properties for the uses proposed.
  7. The effect of the proposed General Plan amendment on the existing goals, objectives, and policies of the General Plan, and listing any revisions to the City’s Land Use Ordinances, including this Ordinance, the Subdivision Ordinance, and any other Ordinances required to implement the General Plan amendment.
  8. The community benefit derived from the proposed General Plan amendment.

HISTORY:

Ord. 2024-6, 4/23/2024

17.05.060 Effect Of Approval Of A General Plan Amendment

The approval of a General Plan Amendment Application shall not authorize the development of any land(s). After a General Plan Amendment Application has been approved by the Council, no development shall occur until the required approvals, permits and licenses have been issued by the Land Use Authority, as applicable, consistent with all applicable Land Use Ordinances, including this Ordinance, and all other applicable Ordinances and requirements, as adopted.

HISTORY:

Ord. 2024-6, 4/23/2024

17.05.070 Amendments To Land Use Ordinances, Zoning District Map(s), Or Other Official Maps

A proposed amendment to any Land Use Ordinance, Zoning Districts Map(s), or other Official Map(s), may be initiated by any property owner, any resident, any business owner, the Council, Commission, LUHO, or Zoning Administrator, by filing and Land Use Ordinance Amendment Application, Zoning Districts Map Amendment Application, or other Official Maps Amendment Application with the Zoning Administrator.

HISTORY:

Ord. 2024-6, 4/23/2024

17.05.080 Procedure For Amending Land Use Ordinances, Zoning Districts Map(s), And Other Official Maps

  1. Procedures. The procedures for the review and consideration of a Land Use Ordinance Amendment Application, Zoning Districts Map Amendment Application, or other Official Map Amendment Application are identified herein.
  2. Determination of Application Completeness. An application for a Land Use Ordinance Amendment Application, Zoning Districts Map Amendment Application, or other Official Map Amendment Application shall be reviewed and considered by the Zoning Administrator for application completeness, as provided by 17.09 herein.
  3. Commission Public Hearing Required. Prior to recommending a Land Use Ordinance Amendment, Zoning Districts Map Amendment, or other Official Map Amendment Application to the Council, the Commission shall hold a public hearing in accordance with the procedures of this Ordinance and the Act and shall provide Class B notice for a minimum of ten (10) calendar days of such hearing, as required by the Act and 17.06 herein.
  4. Commission Recommendation. Following the close of the Commission public hearing, and at the meeting when the hearing is conducted or at a subsequent meeting, the Commission shall formulate a recommendation on the Land Use Ordinance Amendment, Zoning Districts Map Amendment, or other Official Map Amendment Application to the Council.
  5. Commission Recommendation Transmitted to Council. After the Commission has considered the Application and made its recommendation, the Commission shall transmit to the Council a copy of the Commission’s recommendation and the meeting minutes, and all other relevant materials of the proceedings before the Commission. Following receipt of a copy of the Land Use Ordinance Amendment, Zoning Districts Map Amendment, or other Official Map Amendment Application recommendation from the Commission, and all other materials, the City Recorder shall schedule a public hearing with the Council to consider the Commission’s recommendation on the Land Use Ordinance Amendment, Zoning Districts Map Amendment, or other Official Map Amendment Application.
  6. Council Public Hearing Required. The Council shall consider the Land Use Ordinance Amendment, Zoning Districts Map Amendment, or other Official Map Amendment Application recommendation of the Commission at a public hearing by providing Class B notice for a minimum of ten (10) calendar days of the required Council public hearing, as required by the Act and 17.06 herein.
  7. Council Action. Following the close of the Council public hearing and at a subsequent meeting, the Council may approve the Land Use Ordinance Amendment, Zoning Districts Map Amendment, or other Official Map Amendment Application, as presented, revise the proposed Amendment and approve the proposed amendment as revised, or deny the proposed Application. If the Council approves the proposed amendment as submitted or as revised, the Council shall adopt the Land Use Ordinance Amendment, Zoning Districts Map Amendment, or other Official Map Amendment Application by Ordinance.

HISTORY:

Ord. 2024-6, 4/23/2024

17.05.090 Criteria For Approval Of Land Use Ordinance Amendment, Zoning Districts Map Amendment, Or Other Official Map Amendment Application

In considering a Land Use Ordinance Amendment, Zoning Districts Map Amendment, or other Official Map Amendment Application, the Commission and Council shall consider the following:

  1. The effect of the proposed Land Use Ordinance Amendment, Zoning Districts Map Amendment, or other Official Map Amendment Application on the public health, welfare, and safety of City residents.
  2. The effect of the proposed Land Use Ordinance Amendment, Zoning Districts Map Amendment, or other Official Map Amendment Application on the interests of the City and its residents.
  3. The consistency of the proposed amendment with the City General Plan, including all associated maps.
  4. The location of the proposed Land Use Ordinance Amendment, Zoning Districts Map Amendment, or other Official Map amendment as suitable for the uses and activities allowed by the proposed amendment, and the City, and all other service providers, as applicable.
  5. The effect of the proposed Land Use Ordinance Amendment, Zoning Districts Map Amendment, or other Official Map amendment to implement the goals, objectives, and policies of the City General Plan, and listing any revisions necessary to all Land Use Ordinances, including this Ordinance, and any other Ordinances required to fully implement the proposed amendment.
  6. The location of the proposed amendment as suitable for the uses and activities allowed by the proposed amendment, and the City, and all other service providers, as applicable.
  7. All infrastructure and/or services required by the proposed uses and activities can be provided in a cost effective and efficient way.
  8. The compatibility of the proposed uses with nearby and adjoining properties.
  9.  The suitability of the properties for the uses proposed.
  10. The community benefit derived from the proposed amendment.

HISTORY:

Ord. 2024-6, 4/23/2024

17.05.100 Effect Of Approval Of A Land Use Ordinance, Zoning Districts Map, Or Other Official Map Amendment

The approval of a Land Use Ordinance, Zoning Districts Map, or other Official Map Amendment Application shall not authorize the development of any land(s). After a Land Use Ordinance, Zoning Districts Map, or other Official Map Amendment Application has been approved by the Council, no development shall occur until the required approvals, permits, and licenses have been issued by the Land Use Authority, as applicable, consistent with all applicable Land Use Ordinances, including this Ordinance, and all other applicable Ordinances and requirements, as adopted. 

HISTORY:

Ord. 2024-6, 4/23/2024

17.05.110 Temporary Land Use Regulations

  1. The Council may, without prior consideration of or recommendation from the Commission, enact an Ordinance establishing a Temporary Land Use Regulation for any part or all of the area within the City if:
  2. The Council makes a finding of compelling, countervailing public interest; or
  3. The area of the City is unregulated.
  4. A Temporary Land Use Regulation under Subsection (1) may prohibit or regulate the erection, construction, reconstruction, or alteration of any building or structure or any subdivision approval.
  5. A Temporary Land Use Regulation under Subsection (1) may not impose an impact fee or other financial requirement on building or development.
  6. The Council shall establish a period of limited effect for the Ordinance not to exceed one hundred eighty (180) days.
  7. The Council may, without prior Commission consideration or recommendation, enact an Ordinance establishing a Temporary Land Use Regulation prohibiting construction, subdivision approval, and other development activities within an area that is the subject of an Environmental Impact Statement or a Major Investment Study examining the area as a proposed highway or transportation corridor.
  8. A regulation under Subsection (E):
  9. May not exceed one hundred eighty (180) days in duration;
  10. May be renewed, if requested by the State of Utah Transportation Commission for up to two (2) additional periods of one hundred eighty (180) days by Ordinance enacted before the expiration of the previous regulation; and
  11. Notwithstanding Subsections (F)(1) and (F)(2), is effective only as long as the Environmental Impact Statement or Major Investment Study is in progress.

HISTORY:

Ord. 2024-6, 4/23/2024