14.02.020 Amendments - Procedure.
(1) This Planning and Zoning Title, including the Map, may be amended by the Provo Municipal Council after said amendments shall have first been submitted for recommendation to the Planning Commission. For the purpose of establishing and maintaining sound, stable, and desirable development within the City, it is declared to be the public policy that amendments shall not be made to the Planning and Zoning Title and Map except to promote more fully the objectives and purposes of this Title and the Provo City General Plan or to correct manifest errors. Any person seeking an amendment to the Planning and Zoning Title or Map shall:
(a) Submit to the Planning Commission a written petition containing the following information:
(i) Designation of the specific zone change or Title amendment desired.
(ii) 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 and purposes of this Title and the Provo City General Plan.
(iii) A complete and accurate legal description of the area proposed to be rezoned, or a draft of the proposed Title amendment.
(iv) The filing fee as shown on the Consolidated Fee Schedule adopted by the Municipal Council.
(v) If a Map amendment is proposed, the following shall also be submitted:
(A) An accurate plan, drawn to scale, showing all areas to be included within the proposed rezoning, designating the present zoning of the property subject of the petition, and properties immediately adjacent thereto.
(B) A concept plan that meets the requirements of Section 15.03.300, Provo City Code, and/or a preliminary subdivision plan that meets the requirements of Section 15.04.080, Provo City Code, whichever is applicable.
(C) The signature of the property owner or authorized agent or, in the case of a multiple property rezoning request, the signature of a majority of the persons who own property within the area proposed for the Zoning Map amendment.
(2) Upon receipt of a petition by the Planning Commission, the Commission shall hold a public hearing in accordance with the provisions of Section 14.02.010, Provo City Code, and may approve, conditionally approve, or deny the concept plan. Before recommending an amendment to this Title, the Planning Commission shall determine whether such amendment is in the interest of the public, and is consistent with the goals and policies of the Provo City General Plan. The following guidelines shall be used to determine consistency with the General Plan:
(a) Public purpose for the amendment in question.
(b) Confirmation that the public purpose is best served by the amendment in question.
(c) Compatibility of the proposed amendment with General Plan policies, goals, and objectives.
(d) Consistency of the proposed amendment with the General Plan’s “timing and sequencing” provisions on changes of use, insofar as they are articulated.
(e) Potential of the proposed amendment to hinder or obstruct attainment of the General Plan’s articulated policies.
(f) Adverse impacts on adjacent land owners.
(g) Verification of correctness in the original zoning or General Plan for the area in question.
(h) In cases where a conflict arises between the General Plan Map and General Plan Policies, precedence shall be given to the Plan Policies.
(3) The fee provided herein shall not be returnable and shall be applied to the General Fund to offset the cost of legal publications, notification of property owners, and the staff time involved in researching the appropriateness of said request and its effect upon the general welfare of the community.