Chapter 7
AMENDMENTS TO GENERAL PLAN AND THIS TITLElinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30043
10-7-1: AUTHORITY:
10-7-2: AMENDMENT TO GENERAL PLAN:
10-7-3: AMENDMENT TO THIS TITLE:
10-7-4: AMENDMENT TO THE ZONING MAP:

10-7-1: AUTHORITY:linklink


The county council may from time to time amend, supplement or repeal the provisions and regulations of this title and the general plan for the Snyderville Basin. No change to the text of this title which affects a portion or all of the real property regulated by this title and no rezoning of a specific parcel of real property by a change in zoning classification shall be valid unless approved by the county council pursuant to the provision set forth herein. (Ord. 708, 12-10-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30043#s440057
10-7-2: AMENDMENT TO GENERAL PLAN:linklink


A. Applicability:

1. An amendment to the general plan may be initiated by any property owner or any person residing in the county, the commission, the county council, the county manager, or the CDD or designated planning staff member (the "applicant"), by filing an application consistent with subsection C of this section.

2. If such amendment is approved pursuant to subsection C of this section, the applicant may file an application for development approval authorizing such development if such development is consistent with the general plan amendment as approved by the county council.


B. Submission: An application for amendment to the general plan or general plan land use map may be filed with the CDD or designated planning staff member on a form established by the CDD or designated planning staff member.


C. Procedures For Amending General Plan Text Or General Plan Land Use Map:

1. The applicant shall submit an application on a form approved by the CDD or designated planning staff member, and shall pay the required fee. The applicant shall include sufficient information with the application to describe in appropriate detail the nature of the application and justification for such amendment.

2. The CDD or designated planning staff member shall prepare a report prior to meeting with the commission in which the request will be considered, indicating the effect of the proposed amendment on the future growth of the Snyderville Basin specifically and the county in general, and the existing goals, objectives and policies of the general plan, and listing any revisions to this title that would be needed to implement the proposed amendment.

3. Prior to recommending the adoption, rejection or revision of any general plan amendment, the commission shall hold a public hearing in accordance with the procedures in Utah Code Annotated, section 17-27-304, after receiving the report of the CDD or designated planning staff member and providing reasonable notice. The CDD or designated planning staff member shall cause reasonable notice of the hearing to be published.

4. After the commission has issued its recommendation, the CDD or designated planning staff member shall submit a copy of the general plan amendment, the recommendation of the commission, the report of the CDD or designated planning staff member, any proposed revisions to the general plan amendment, and the transcripts of the proceedings before the commission and its recommendation to the county council. Following receipt of a certified copy of the general plan amendment from the commission, the county council shall schedule a public hearing to decide whether to adopt the amendment. The CDD or designated planning staff member shall cause reasonable notice to be published. The county council shall consider the proposed amendment and the recommendation of the commission pursuant to the procedures established in Utah Code Annotated, section 17-27-304. The county council shall approve the amendment, approve the amendment with modifications or reject the proposed amendment. The county council may approve a general plan amendment only upon the affirmative vote of a majority of its total membership. If the county council approves the proposed amendment, as submitted or as modified, the county council shall adopt the amendment by ordinance specifically referencing the same and shall cause to be affixed to the amendment the signature of the chairman of the county council.


D. Criteria For Approval Of A General Plan Amendment: No amendment to the general plan may be recommended by the commission or approved by the county council unless such amendment is consistent with the other goals, objectives and policies of the general plan and the land use plan maps. In considering an amendment to the general plan, the commission and the county council shall consider the following, among others:

1. The proposed amendment will not affect the existing character of the surrounding area in an adverse or unreasonable manner;

2. The amendment is consistent with the general plan land use map, the goals, objectives and policies of the general plan and neighborhood planning area plans, and the program for resort and mountain development established in chapter 1 of this title;

3. The amendment is consistent with the uses of properties nearby;

4. The property for which the amendment is proposed is suitable for the intensity of use which will be permitted on the property if the amendment is allowed;

5. The removal of the then existing restrictions will not unduly affect nearby property; and

6. The public health, safety and welfare will not be adversely impacted by the proposed amendment.


E. Effect Of General Plan Amendment: From and after the effective date of a general plan amendment approved by the county council, no amendments shall be made to this title, nor shall any development permit be approved or approved with conditions, unless such amendments, approvals and conditions are consistent with the adopted general plan or portion thereof as amended. (Ord. 708, 12-10-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30043#s440058
10-7-3: AMENDMENT TO THIS TITLE:linklink


A. Authority: The county council may from time to time amend, supplement or repeal the provisions and regulations of this title. No change to the text of this title shall be valid unless approved by the county council pursuant to the provisions set forth herein, except that an application for amending an approved specially planned area plan (development agreement) shall be processed pursuant to the provisions of the development agreement.


B. Initiation Of Amendments: Any amendment to the text of this title may be initiated on motion by the county council, upon the request of the commission, upon the request of the county manager or upon the request of a property owner or any person residing in the county.


C. Amendment Procedures:

1. Amendment To Text Of This Title: Whenever there is initiated an amendment to the text of this title, such amendments shall be accomplished in the following manner:

a. A copy of the proposed amendment shall be delivered to the commission for its review and recommendation. Prior to making a recommendation, the commission shall hold a public hearing regarding the proposed amendment.

b. The commission's recommendation shall be delivered to the county council. The county council, after holding a public hearing, shall either approve, approve with modifications or deny the amendment.

c. Criteria for approving an amendment to the text of this title:

(1) The amendment shall be consistent with the goals, objectives, and policies of the general plan.

(2) The amendment shall not permit the use of land that is not consistent with the uses of properties nearby.

(3) The amendment will not permit suitability of the properties affected by the proposed amendment for the uses to which they have been restricted.

(4) The amendment will not permit the removal of the then existing restrictions which will unduly affect nearby property.

(5) The amendment will not grant special favors or circumstances solely for one property owner or developer.

(6) The amendment will promote the public health, safety and welfare better than the existing regulations for which the amendment is intended to change. (Ord. 708, 12-10-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30043#s440059
10-7-4: AMENDMENT TO THE ZONING MAP:linklink


A. Authority: The county council may from time to time amend, supplement, or repeal a zone district designated in the Snyderville Basin. No change which affects a portion of all the real property by a change in zoning classification shall be valid unless approved by the county council pursuant to the provisions set forth herein.


B. Initiation Of Amendments: Any change of zone district may be initiated on motion by the county council, upon the request of the commission, upon the request of the county manager, or upon the request of an individual having deed title to real property within the area to be rezoned.


C. Amendment Procedures:

1. If the applicant is a private landowner:

a. An application for an amendment or change to a zone district shall be submitted to the CDD or designated planning staff member. An application for an amendment to a zone district will be considered only when such application is considered simultaneously with an applicable development proposal, as described in chapter 3 of this title, for the entire parcel to be rezoned. The county council may permit the rezoning of the property only after it has determined that said rezoning is consistent with the goals, objectives and policies of the general plan, the land use plan maps, all other criteria and considerations described in this title, and said action is necessary to promote the public health, safety and welfare of the residents of the Snyderville Basin.

b. The application must be authorized by each owner of the real property that is located within the area to be rezoned or a duly authorized representative of each owner.

c. Approval of an amendment to the zone district shall not be granted until both the commission and county council have reviewed the specific development proposal and determined:

(1) The amendment complies with the goals, objectives and policies of the general plan, the neighborhood planning area plan, and the land use plan maps;

(2) The amendment is compatible with adjacent land uses and will not be overly burdensome on the local community;

(3) The specific development plan is in compliance with all applicable standards and criteria for approval as described in chapters 3 and 4 of this title; and

(4) The amendment does not adversely affect the public health, safety and general welfare.

2. When the amendment is proposed by the county council, county manager, or commission:

a. The commission shall review the proposed amendment. The commission must find that the proposed amendment is consistent with the requirements in this title. Prior to making a recommendation, the commission shall hold a public hearing regarding the proposed amendment.

b. The commission's recommendation shall be delivered to the county council. The county council shall hold a public hearing regarding the proposed amendment. Following the public hearing, the county council shall either approve, approve with modifications or deny the amendment. In order to approve the amendment, the county council must find that the proposed amendment is consistent with the requirements in subsection C1c of this section.


D. Authorized: All amendments to the text of this title and to the zone district shall be authorized by ordinance, in the manner prescribed by state law. (Ord. 708, 12-10-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=30043#s440060