The decision-making bodies and officials identified within this subchapter shall have responsibilities for implementing and administering the city’s General Plan and the city’s land use ordinance, which include the city’s zoning code, subdivision ordinance, and other ordinances, as allowed by state law, and as contained in the Municipal Land Use, Development and Management Act, UCA §§ 10-9a-101 et seq., as amended.
(A) City Council. The City Council (“Council”) shall have the following powers and duties under this subchapter:
(1) To adopt, and to initiate amendments to the city’s General Plan, and all elements of the General Plan;
(2) To adopt, and to initiate amendments to the city’s zoning code;
(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 subchapter, as provided herein; and
(6) To take such other action(s) not expressly delegated to the Planning Commission, the Appeal Authority, or the city staff.
(B) Effect. All decisions of the Council, made under this subchapter, 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 Access Management Act, UCA §§ 63G-2-101 et seq., as amended.
(C) Planning Commission.
(1) Creation, composition, appointment of members, expenses. There is hereby created a Planning Commission within and for the city, to be known as the city’s Planning Commission. The Commission shall consist of seven members and one 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. The Mayor shall also appoint a City Council member to serve as a liaison between the Planning Commission and City Council.
(2) Powers and duties. The Planning Commission shall have the power and duties in accordance with the Municipal Land Use, Development and Management Act, UCA §§ 10-9a-204 et seq. as amended. 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 code, 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 code amendment, or zoning districts map amendment (rezone);
(e) To hear, review, and approve, approve with revisions, or deny a site plan application, for a permitted use proposing new construction of a building(s), or proposing any structural modifications to the exterior of an existing building(s) as authorized by this subchapter, excluding single-family and two-family dwellings;
(f) To hear, review, and approve, approval with conditions, or denial of a conditional use application, including a site plan for a conditional use;
(g) To hear, review, and recommend approval or denial of subdivision applications to the Council, as authorized by the city’s subdivision ordinance; and
(h) Advise the Council on all other matters as the Council may direct.
(3) Terms of office of members of Planning Commission, vacancies, removal of members. 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) Chairperson of Planning Commission, rules, record of proceedings. 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 by-laws 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 by-laws 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.
(Ord. 2008-001, passed - -2008)