The decision making bodies and officials identified within this chapter shall have responsibilities for implementing and administering the city’s General Plan and the city’s Land Use Ordinance, which include the City Zoning Ordinance, Subdivision Ordinance and other ordinances, as allowed by state law, and as contained in U.C.A. Title 10, Chapter 9a, or successor law.
(A) City Council. The City Council (“Council”) shall have the following powers and duties under this chapter:
(1) To adopt, and to initiate amendments to the city General Plan, and all elements of the General Plan;
(2) To adopt, and to initiate amendments to the city’s Zoning Ordinance;
(3) To adopt, and to initiate amendments to the city’s Subdivision Ordinance;
(4) To appoint a hearing officer to render a recommendation to the Council if an applicant asserts a deprivation of, or has been subject to, a taking of property without just compensation, or asserts some other constitutional invalidity, as provided by herein;
(5) To establish a fee schedule by resolution for all approvals, permits and licenses required by this chapter, as provided herein; and
(6) To take such other action(s) not expressly delegated to the Planning Commission, the Appeal Authority, or the Community Development Department.
(B) Decisions final on meeting date; exceptions. All decisions of the Council, made under this chapter, shall take effect on the date of the meeting when the decision is made, unless a different date is designated at the time the decision is made. The minutes of all meetings of the Council shall be filed in the office of the City Recorder. All such records shall be available for public review and access in accordance with the Government Records and Access Management Act, per U.C.A. Title 63G, Chapter 2, or successor law.
(C) Planning Commission.
(1) There is hereby created a planning commission within and for the city, to be known as the “Brigham City Planning Commission”. The Commission shall consist of seven members and three alternate members to be appointed by the Mayor, with the consent of the Council, from among residents of the city. Members shall be selected without respect to political affiliations and shall serve without compensation, except for reasonable expenses as determined by the Mayor with the consent of the Council.
(2) The Planning Commission shall have the power and duties in accordance with the Land Use Development and Management Act, as per U.C.A. § 10-9a-302, or successor law, and the following: the Commission shall be an advisory body to the Council on legislative matters pertaining to the General Plan, the land use ordinances of the city. The Commission shall have the following powers and duties:
(a) To prepare, or cause to be prepared, the proposed city General Plan, any proposed plan element, any amendments thereto and to submit the proposed plan, element or amendments to the Council;
(b) To prepare or cause to be prepared the proposed City Zoning Ordinance, any amendments thereto, and to submit the ordinance or amendments thereto to the Council;
(c) To prepare or cause to be prepared the proposed City Subdivision Ordinance, any amendments thereto, and to submit the Subdivision Ordinance or amendments thereto to the Council;
(d) To hear, review and recommend approval or denial of all applications for a General Plan amendment, Zoning Ordinance amendment or Zoning Districts Map amendment (rezone);
(e) To hear, review and approve, approval with conditions, or denial of a conditional use application, including a site plan for a conditional use;
(f) To hear, review and recommend approval or denial of subdivision applications to the Council, as authorized by the City Subdivision Ordinance; and
(g) Advise the Council on all other matters as the Council may direct.
(3) The terms of office of the original appointive members shall be two and four years; four shall be appointed for two years, and four shall be appointed for four years. Thereafter, the terms of office for each appointive member shall be four years. Vacancies occurring otherwise than through the expiration of terms shall be filled by appointment by the Mayor, with the consent of the City Council. Members may be removed after public hearing by a majority vote of the City Council for causes established within the rules of the Planning Commission or by a recommendation of the Mayor.
(4) The Planning Commission shall elect, annually, a Chairperson, during the first regularly held meeting in each new calendar year. The Chairperson will be elected from among the members of the Planning Commission by a majority of the total membership. The Mayor shall appoint a Vice Chairperson who will be named at the following regularly scheduled Planning Commission meeting. A Chairperson shall serve for not more than two consecutive terms and shall only vote in the event of a tie vote. In the event of a vacancy of the Chairperson’s position, prior to the expiration of the Chairperson’s term or any prior vacancy, a new Chairperson shall be elected whenever a previously appointed Vice Chairperson position becomes vacant, the Mayor shall appoint a new Vice Chairperson. The Planning Commission shall establish and adopt bylaws or rules of procedure governing the conduct of meetings and operation of the Planning Commission. Upon adoption of these rules, they shall be submitted to the City Council for final approval and adoption by resolution. The Planning Commission, upon its own initiative, may amend the bylaws or rules of procedure and, thereafter, such amendments shall be submitted to the City Council for final approval and adoption by resolution. It shall also keep a public record of its proceedings.
(Prior Code, § 29.04.010) (Ord. 07-13, passed 7-19-2007)