Division V. Approvals and Appeals
Chapter 17.90
REZONING OF PROPERTY
Sections:
17.90.010 What this chapter does.
17.90.020 Purpose of rezoning of property.
17.90.030 Property eligibility for rezoning.
17.90.060 Criteria for approval.
17.90.070 Conditions of approval.
17.90.080 Disapproval/denial of rezoning applications.
17.90.010 What this chapter does.
This chapter establishes the application requirements and approval process for rezoning of property. [Ord. O-05-2016 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 18.1)].
17.90.020 Purpose of rezoning of property.
The use of property shall comply with the permitted or conditional uses allowed in the zoning districts of this title. Property owners may apply to rezone their property in accordance with the process outlined in this chapter when a master development plan is not required. [Ord. O-05-2016 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 18.2)].
17.90.030 Property eligibility for rezoning.
The zoning designations of property in Eagle Mountain City may be changed through the master development plan or rezoning of property processes. The master development plan process approves a range of land uses and densities within a specified area by obtaining zoning approval, evaluates off-site utilities, and identifies funding mechanisms to provide for all off-site utilities and other public infrastructures (see Chapter 16.10 EMMC). The zoning designations may be changed for property through the rezoning of property process that meets the following criteria:
A. Parcel Size. Any property that is less than 160 acres in size. Property that is proposed for development and contiguous to other parcels that are all held in common ownership shall be considered the same property for the purpose of this requirement. All property in a rezone application must be contiguous, but may be separated by a public street. Property shall not be divided in order to circumvent the size requirements with respect to the submittal of master development plans.
B. Incorporated Property. Property that is included in the incorporated boundaries of the city or is part of a pending annexation petition.
C. Significant Issues. In certain cases, the planning director or city engineer may recommend and the planning commission require that property be subject to the master development plan process when significant issues related to land use planning or utilities exist, regardless of the parcel size. [Ord. O-05-2016 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 18.3)].
17.90.040 Application.
Only property owners or their duly authorized agent shall make application for a rezoning of property on forms prepared by the planning director. No rezoning of property shall be processed without the submission of the application, all the supporting materials required by this chapter, and the processing fee. Incomplete applications shall not be processed under any circumstance.
A. Supporting Materials. The rezoning of property application shall be submitted with the materials listed in this section. The planning director and planning commission may determine and require that additional items not listed herein be submitted in order to evaluate the proposed rezoning application. If the applicant believes that some of the required supporting materials are not applicable, then they may submit a written statement to identify and clarify why they believe these materials are not needed for review of the project. Upon review of this statement, the planning director may approve the waiving of certain materials that are not found to be applicable to the project. The following materials must be submitted with a complete application, unless otherwise waived as allowed herein. The number of hard copies and electronic copies, as well as the appropriate format of each, will be determined by the planning director.
1. Legal Description. A legal description of the property.
2. Vicinity Map. A vicinity map showing the approximate location of the subject parcel with relation to the other major areas of the city.
3. Existing Conditions. A map showing the existing physical characteristics of the site including waterways, geological information, fault lines, general soil data, and contour data at two-foot intervals.
4. Land Use Map. A map together with a general description of the proposed development indicating the general development pattern, land uses, densities, intensities, open spaces, parks and recreation, trails and any other important elements of the project.
5. Zoning Districts. A compatibility statement in an acceptable format that demonstrates compliance with the zoning district that exists on the subject property or the zoning district that is being proposed for the subject property.
6. Public Notice. Addressed and stamped envelopes (the city’s address will be the return addresses on the envelopes) of property owners located within 600 feet of the proposed preliminary plat area (including a minimum of at least 25 adjacent property owners).
7. Fee. The processing fee required by the current consolidated fee schedule approved by the city council. [Ord. O-05-2016 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 18.4)].
17.90.050 Approval process.
The rezoning of property shall not be construed as right upon submission of an application and does not require the approval body to take action based upon findings of facts. The planning commission and city council shall review and take action on proposed rezoning applications in accordance with the following procedure:
A. Planning Commission Public Hearing. Upon receipt of a complete application, the planning director shall schedule the application for a public hearing before the planning commission. The planning director shall cause all property owners within 600 feet of the boundaries of the proposed application area (including a minimum of at least 25 adjacent property owners and affected entities if there be any) to be notified by first class mail of the time and place of the public hearing at least 10 days prior to the planning commission meeting. The city recorder shall cause that this hearing is advertised in accordance with the requirements of any applicable state statutes. A copy of the public notice of the hearing shall also be posted in three public places (including the city offices) within the city at least 10 days prior to the hearing.
B. City Council Public Hearing. The city council, after receiving a recommendation from the planning commission, shall also conduct a public hearing. The notice requirements for this hearing are identical to the planning commission hearing. The city recorder shall cause that this hearing is advertised in accordance with the requirements of any applicable state statutes.
C. Additional Development Processes. Approval of a rezoning of property does not constitute approval to proceed with development. A developer will still be required to obtain development approvals, as provided by this title and EMMC Title 16. Approval to grade property, excavate, install utilities, subdivide or otherwise improve property must still obtain appropriate permits and approval of infrastructure design as required by state statutes and the city’s ordinances. [Ord. O-05-2016 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 18.5)].
17.90.060 Criteria for approval.
There is no minimum parcel size or diversity of ownership required for rezoning of property. Rezoning of property shall be evaluated using the following criteria, and may be approved if the requirements below are met:
A. Compliance with General Plan. The requested zones are consistent with the land uses shown on the general plan’s future land use and transportation corridor map, and comply with the policies and provisions of the city general plan.
B. Compatibility Determination. The proposed uses and densities will be reasonably compatible with adjacent land uses and the pattern of proposed uses and densities will appropriately buffer potentially incompatible uses from others based on the assumption that the proposed uses and densities will comply with this title, including the performance standards designed to help ensure land compatibility.
C. City Services. The proposed use can be accommodated with public services and will not overburden the city’s service capacity.
D. Traffic Generation. Traffic generation by the proposed use is within capabilities of streets serving the property.
E. Property Values. The proposed use is not expected to have a significant negative impact on surrounding property values. [Ord. O-05-2016 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 18.6)].
17.90.070 Conditions of approval.
In order to ensure that future 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 rezone application approval which restrict or specifically designate the land uses, dwelling unit density, building square footage, lot sizes, or height of structures. The approved conditions will be on record at the city recorder’s office. Any deletion of or change to a zoning condition shall be considered a rezone application and shall be subject to the requirements of this chapter. [Ord. O-05-2016 § 2 (Exh. A)].
17.90.080 Disapproval/denial of rezoning applications.
Disapproval or denial of an application to amend the zoning of a property shall preclude the filing of another application to amend the zoning or to reclassify the same parcel of property, or any portion thereof, to a different zoning 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 city 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. Prior to the city accepting a new rezone application within the one-year period, the city council must approve a request to resubmit rezone application, clearly stating the new evidence and/or substantial changes in circumstances. An applicant is not entitled to have a request to resubmit rezone application considered by the city council, and such a request shall only be included on the city council agenda in accordance with EMMC 2.15.040. [Ord. O-36-2020 § 2 (Exh. A); Ord. O-05-2016 § 2 (Exh. A)].