(A) Created; membership; appointment.
(1) The Planning Commission shall consist of seven members. Of the seven Planning Commission seats, five shall be appointed by the Commission as follows. Each County Commissioner shall nominate one individual for appointment to the Planning Commission from the following areas:
(a) Mountain Green;
(b) Peterson/Enterprise;
(c) Stoddard/Milton;
(d) Croydon/Round Valley; and
(e) Richville/Porterville.
(2) Each nominated individual will then be ratified by the County Commission.There shall be two at large Planning Commission seats. Interested residents of the county shall submit applications to the Planning Department. Applications will be provided to the County Commission for consideration and possible appointment.
(B) Term of office. The terms of the seven Planning Commissioners shall be four years. Their terms shall begin on March 1 of the year of their appointment and shall end on the last day of February of the fourth year of their term.The terms of the five Planning Commissioners nominated and appointed by the County Commission as described in division (A)(1) and (2) above shall continue until March 31 of the year the new Commissioners would be sworn in to take their seats. Each election new or existing Planning Commissioners will need to be nominated and (re)ratified for the next term of office of the County Commission. New County Commissioners shall have three months to nominate a Planning Commissioner as outlined above. If this occurs the term of the Planning Commissioner whose seat would be changed based on the newly elected County Commissioner shall be extended during the interim.
(C) Compensation.
(1) The members of the Planning Commission shall serve as such without compensation, except that the governing body shall fix per diem compensation for the members of the Planning Commission based on necessary and reasonable expenses and on meetings actually attended. The actual expenses incurred shall be based upon presentation of proper receipts and vouchers.
(2) Each member of the Planning Commission shall be required to attend (or have attended previously) one two-day training seminar, or equivalent, within 12 months of initial appointment. Training fees and per diem expenses shall be paid for by the county. Exceptions may be granted by the governing body based on previous experience or professional certification. Additional training may be required by the Planning Commission on federal, state or local laws, including this chapter.
(D) Vacancies and removals for cause. Vacancies of appointed members occurring otherwise than through the expiration of terms shall be filled for the remainder of the unexpired term. The governing body shall have the right to remove any member of the Planning Commission for misconduct and may remove any member for nonperformance of duty. Unexcused absences from three consecutive regular scheduled meetings of the Planning Commission may be considered by the governing body as nonperformance of duty. Vacancies will be filled as provided in division (A) above.
(E) Chairperson. The Planning Commission shall elect from its members a Chairperson, whose term shall be for one year.
(F) Employees and staff. The Planning Commission shall have power and authority to employ experts and a staff, and to pay such expenses as may be reasonable and necessary for carrying out the powers hereinafter set forth, but not in excess of such sums as may be appropriated by the governing body and/or which may be placed at the disposal of the Planning Commission by gift or otherwise.
(G) Rules and regulations adopted. The Planning Commission may adopt such rules and regulations governing its procedures as it may consider necessary or advisable, and shall keep records of its proceedings, which records shall be open to inspection by the public at all reasonable times. The adopted rules and regulations shall be presented to the governing body for its approval or disapproval. Only after the formal approval of the governing body shall the rules and regulations be enforceable.
(H) Powers and duties. The Planning Commission is hereby designated the land use authority of the county for the following:
(1) Prepare and recommend a General Plan, and amendments to the General Plan, to the County Commission as provided in this chapter;
(2) Recommend zoning ordinances and maps, and amendments to zoning ordinances and maps, to the County Commission as provided in this chapter;
(3) Administer provisions of this chapter, where specifically provided for in this chapter, as adopted by the County Commission;
(4) Recommend subdivision regulations and amendments to those regulations to the County Commission;
(5) Hold a public hearing on proposed subdivision regulations before making its final recommendations to the County Commission;
(6) Recommend approval or denial of subdivision applications as provided in this chapter;
(7) Advise the County Commission on matters as the governing body directs;
(8) Recommend approval or denial of conditional use permits; and
(9) Exercise any other powers that are necessary to enable it to perform its function or delegated to it by the County Commission.
(I) Required annual training. While Morgan County is considered a 4th Class County, all Planning Commissioners shall be required to complete all training as outlined within UCA § 17-27A-302(6)(b)(i) and (ii) Planning Commission Powers and Duties - Training Requirements.
(1) One hour of annual training on general powers and duties with County Attorney and Zoning Administrator.
(2) Three hours of annual training on land use, which may include:
(a) Appeals and variances;
(b) Conditional use permits;
(c) Extractions;
(d) Impact fees;
(e) Vested rights;
(f) Subdivision regulations and improvement guarantees;
(g) Land use referenda;
(h) Property rights;
(i) Real estate procedures and financing;
(j) Zoning (form-based and use-based); and
(k) Drafting ordinances and code that complies with state statute.
(Prior Code, § 8-3-9) (Ord. 10-17, passed 12-14-2010; Ord. 16-03, passed 7-5-2016; Ord. 17-21, passed 4-4-2017; Ord. 24-07, passed 3-19-2024; Ord. 24-13, passed 5-21-2024)