Monday, November 13, 2006

Criteria for Rezoning

The requirements for rezoning in Wasatch County are very clear. "amendments shall not be made to . . . the adopted Zoning Map except to promote more fully the objectives and purposes of the General Plan and this Title." Refer to the following for the code concerning establishment of the various zones and rezoning procedures.

Also included are the "purposes" of Title 16 (15 items) and the General Plan (9 items).

Title 16 excerpts concerning rezoning:

Section 16.02.05 Procedure to Amend the Title, Code or Zoning Map.

(1) Application. This Title, including the Map, may be amended by the Wasatch County Legislative Body in accordance with the requirements of the Utah Code Annotated (§17-27-101) County Land Use Development and Management Act. For the purpose of establishing and maintaining sound, stable, and desirable development within the County, amendments shall not be made to this Title or the adopted Zoning Map except to promote more fully the objectives and purposes of the General Plan and this Title. Any person seeking an amendment to this Title or the adopted Zoning Map shall submit to the Planning Department a written petition containing the following information:

  • (a) Designation of the specific zone change or Title amendment desired;
    (b) The reason and justification for such zone change or Title amendment, and a statement setting forth the manner in which a proposed amendment or zone would further promote the objectives of the General Plan and the purposes of this Title;
    (c) A complete and accurate legal description of the area proposed to be rezoned; or a draft of the proposed Title amendment;
    (d) An accurate development plan, drawn to scale, showing all areas to be included within the proposed rezoning, designating the present zoning of the property, and properties immediately adjacent thereto;
    (e) A slope map showing categories of slopes at 0-10%, 11-20% 21-30% and over 30% slopes; and
    (f) The filing fee as established by ordinance.

(2) Public Hearing. The Planning Commission and County Legislative Body shall hold a public hearing wherein it must be shown that such amendment is in the interest of the public, and is consistent with the goals and policies of the Wasatch County General Plan:

  • (a) The County Legislative Body may amend the number, shape, boundaries, or area of any zoning district, or any regulation of or within a zoning district, or any other provision of this Title. Such amendments shall either be proposed by the Planning Commission or first submitted to the Planning Commission for its approval, disapproval, or recommendations.
    (b) The County Legislative Body shall hold a public hearing on all proposed amendments and rezonings as defined in this section. Notice of the public hearing shall be given in a manner consistent with state law.
    (c) Except as otherwise provided in this Title, the County Legislative Body shall consider amendments to either the Development Code or the General Plan only once in any given year and rezonings as defined in this section annually in November. The deadline for such amendments and rezoning applications shall be submitted to the Planning Department by July 15, of any given year for the recommendation by the Planning Commission. After July, the item may not be heard until the following year.
    (2003-22, Amended, 11/24/2003)

Section 16.02.03 Zone Establishment.

In order to accomplish the purposes of this Title, Wasatch County hereby divides the County into zones in accordance with the General Plan of the County as herein after set forth. In the preparation of this Title, due and careful consideration was given, among other things, to the relative quantities of the land needed for particular uses and to the suitability of such uses, to existing and probable future conditions within the County, and to the character of each of the several zones, with a view to conserving property values and encouraging the most appropriate use of land throughout the County.

Section 16.03.10 General Plan Consistency
(1) Land Use Regulation. All land use regulations including building, zoning, subdivision and environmental protection regulations shall be consistent with the adopted General Plan. No discretionary land use project, public or private, shall be approved by the County unless it is found to be consistent with the adopted General Plan.
(2) Reviewing Department. The Planning Department is designated as the department authorized to review discretionary land use projects, public or private, and to make findings regarding whether such projects are consistent with the General Plan.

Section 16.01.01 Purpose.
This Title and the regulations and restrictions contained herein are adopted and enacted for the purpose of promoting the health, safety, welfare, prosperity, improved morals, peace, good order, comfort, convenience and aesthetics of the present and future inhabitants of the County and to:
(1) Guide the future growth and development of Wasatch County, in accordance with the Wasatch County General Plan;
(2) Provide for adequate open space, light, air, air quality, privacy, safety from fire, flood, landslides and other geologic hazards, and other dangers and to try to prevent overcrowding of the land, and to lessen traffic congestion;
(3) Protect and conserve the character and stability of Wasatch County, and to encourage the orderly development of the land;
(4) Protect and conserve the Wasatch County property values and minimize conflicts among uses of the land and structures;
(5) Establish public and private policy that encourages action to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation and other public facilities;
(6) Establish reasonable standards of design and procedures for development;
(7) Create an atmosphere attractive to visitors and residents;
(8) Fully exercise all of the powers granted to the County by the provisions of the Utah Code Annotated (17-27-101) County Land Use Development and Management Act, and all other powers granted by statute or by common law for the regulation of land uses and improvements;
(9) Protect and enhance the quality of life in general for Wasatch County residents;
(10) Allow development in a manner that encourages the preservation of scenic values, historic structures, agricultural uses and minimizes the impact on natural resources in Wasatch County;
(11) Provide for well-planned commercial and residential centers, efficient traffic circulation, and efficient use of county services;
(12) Regulate development that may add to existing geologic hazards, erosion, flooding or other conditions that create potential dangers to life and safety in the community or detract from the quality of life in the community;
(13) Require new development to be fiscally responsible by providing all required improvements and adequately mitigating any impacts to the County;
(14) Establish Zone Districts within which the Legislative Body may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings and structures and the uses of land; and
(15) Provide methods of administration and enforcement of this Title and provide penalties for the violation thereof.

General Plan Purpose
The purpose for the preparation of this general plan is to provide a comprehensive approach to the coordination of development, natural resources and open space in such a way as to provide a harmonious relationship that meets the needs of present and future residents and also promotes the health, safety and general welfare of the residents of the County. Specifically, the purposes for planning within Wasatch County are:
1. To promote the most acceptable type of development within each planning area of the County.
2. To insure the orderly growth of urbanizing areas and reduce the haphazard scattering of development that has occurred since the first plan became outdated.
3. To foster commercial and light industrial development that will strengthen the economic base of the County.
4. To protect the natural and cultural resources of the County.
5. To insure that geologic hazards, flood plains, wetlands, ridgelines, view sheds and other physical constraints are adequately considered in each planning area.
6. To insure that local units of government can obtain the highest return per dollar spent in maintaining water and sewer facilities, storm drainage facilities, streets, parks and other types of public facilities.
7. To ensure that public safety personnel and facilities are within a reasonable distance in areas of concentrated development within the
8. To promote the social and economic well-being of the people of the County.
9. To insure that growth does not over tax the water resources and degrade the clean air of the County.

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