The purpose of this chapter is to outline the specific powers and duties of the different boards, commissions and officials having administrative, legislative, or quasi-judicial roles set forth in this Ordinance.

The council has the authority to enact and amend land use ordinances and to enact and amend a zoning map for the Town of Brighton.

1. Term Appointed
   1. The Town of Brighton planning commission shall consist of five members and up to two alternate members.
   2. Commissioners shall serve five-year terms (except for the initial terms as provided below) or longer until successors are appointed.
   3. The initial members of the Commission shall be staggered and appointed as follows:
      1. One appointee shall serve an initial term which shall expire on May 14, 2023, one appointee shall serve an initial term which shall expire on May 14, 2024,one appointee shall serve an initial term which shall expire on May 14, 2025, one appointee shall serve an initial term which shall expire May 14, 2026, and one appointee shall serve an initial term which shall expire May 14, 2027.
   4. Terms shall commence on May 15 of each year.
   5. In the event a term of a member shall expire before a successor is appointed, the member shall continue to serve until a successor is appointed.
   6. The members and alternate members of the planning commission are not required to reside within the Town of Brighton.
   7. Upon expiration of a Commissioner’s term, the seat shall be appointed by the mayor with the advice and consent of the Town council.
   8. Members of the Commission may serve successive terms.
2. Vacancy—Removal.
   1. Any vacancy occurring on the Planning Commission by reason of death, resignation, removal or disqualification shall be filled by the mayor with the advice and consent of the council for the unexpired term of such member.
   2. The mayor, with the advice and consent of the council, may remove a member of the Planning Commission for cause after filing written charges against the member. The member will be provided with a hearing on the charges if requested by the member being removed.
3. Organization—Procedures.
   1. The Planning Commission shall elect a chairperson from its members who shall serve a one-year term. The chairperson is a voting member.
   2. The Planning Commission shall elect a vice chairperson from its members who shall serve a one-year term. The vice chairperson is the designated chair pro-tempore and a voting member.
   3. The Planning Commission may create and fill any other necessary offices it deems necessary and may adopt policies and procedures for the conduct of its meetings, the processing of applications, and for any other purpose the Planning Commission considers necessary for its proper function.
   4. A minimum of three (3) full and/or alternate members in attendance at the meeting is required to constitute a quorum.
   5. The minimum number of "yes" votes necessary to carry an action of the commission shall be a majority of the members of the quorum in attendance but shall never be less than three (3).
   6. Alternate members shall be designated to sit as voting members of the commission at any time one or more regular members are absent from the meeting. The designation of the alternate member to voting status shall be made by the chairman at the commencement of the meeting in accordance with the seniority of the alternate members in attendance at the time, and any alternate so designated shall serve as a voting member until the conclusion of the meeting.
4. Powers and Duties. The Planning Commission shall:
   1. Prepare and recommend a general plan and amendments to the general plan to the council;
   2. Prepare and recommend zoning ordinances and maps and amendments to zoning ordinances and maps to the council;
   3. Prepare and recommend subdivision ordinances and amendments to those ordinances to the council;
   4. Review subdivision plats as set forth in Title 18 Subdivisions;
   5. Approve or deny conditional use permits;
   6. Advise the council on matters that the council directs;
   7. To make, at the request of the Director, an interpretation of the zone map regarding the location of zone boundary lines;
   8. To decide, at the request of the Director, the meaning of disputed terms or phrases within the text of the zoning regulations;
   9. To make a determination whether a change of a non-conforming use is more intensive pursuant to 19.06.050;
   10. To hear appeals of administrative determinations by the Director as to the classification of uses not specifically listed in this Ordinance;
   11. Determine building height for conditional uses pursuant to 19.24.050;
   12. Review waivers for slope requirements pursuant to 19.24.140 , 19.38.060 (D)and 19.38.080 (C );
   13. Review modifications of setbacks pursuant to 19.38.130 (G);
   14. Determinations for Mandatory Design Standards pursuant to 19.38.170;
   15. Make determinations as required in the Commercial (CV) zone pursuant Chapter 19.32;
   16. Make determinations as required in Chapter 19.58 Geologic Hazards; and
   17. Provide other functions as specified in this chapter or as directed by the council.

1. Creation.
   1. The position of Land Use Hearing Officer is created pursuant to the enabling authority granted by the Land Use, Development, and Management Act, § 10-9a-701 of the Utah Code Annotated.
   2. The Land Use Hearing Officer shall be an administrative law judge appointed as provided in the Municipal Code.
   3. The Land Use Hearing Officer shall act in a quasi-judicial manner.
2. Procedures.
   1. The Land Use Hearing Officer may administer oaths and compel the attendance of witnesses.
   2. Hearings the Land Use Hearing Officer holds on appeals of a land use decision are open to the public. 
      1. The Land Use Hearing Officer shall:
         1. Keep minutes of all proceedings;
         2. Keep records of all examinations and other official actions; and
         3. File all records in the office of Planning and Development Services. All such records are public records.
   3. Decisions of the Land Use Hearing Officer become effective immediately on the date when the written decision is issued, unless a different time is designated at the time the decision is made.
3. Powers and Duties. The Land Use Hearing Officer shall:
   1. Act as the appeal authority for zoning ordinance decisions applying this Title as provided in Section 19.16.020
   2. Act as the appeal authority for conditional use decisions by a Planning Commission;
   3. Hear and decide the special exceptions to the terms of the zoning ordinance set forth in Section 19.20.020.B.3;
   4. Hear and decide variances from the terms of the zoning ordinance as set forth in Section 19.20.010;
   5. Hear and decide appeals, interpretation of the zone map regarding the location of zone boundary lines or decision of the meaning of disputed terms or phrases within the text of the zoning regulations by either the director or the Planning Commission.
   6. Hear and decide appeals of determinations made by the Director for Non Complying Structure or Nonconforming Use pursuant to 19.06.020.
   7. Provide other functions as specified in this Title or as directed by the council.

The Director has the following powers:

1. To make an interpretation of the zoning map regarding the location of zone boundary lines, or decide the meaning of disputed terms or phrases within the text or the zoning regulations. The Director, at his or her discretion, may request the Planning Commission make the determination of  interpretations of the zoning map or the meaning of disputed terms or phrases within the text of the zoning regulations to the Planning Commission;
2. To make a determination on granting an extension for an inactive application pursuant to 19.02.060.
3. To make administrative determinations as to the classification of uses not specifically listed in this Ordinance subject to appeal to the Planning Commission. Administrative determinations shall be based upon a comparison of the nature and characteristics of the proposed use with those uses specifically authorized in the intended zone;
4. To review conditional use amendments as set forth in 19.16.040.G.1
5. To review and make decisions on occupancy permits;
6. To review and make decisions on permitted uses
7. To review and make decisions ordinance interpretations and other duties outlined in Chapter 19.16 Land Use Processes and Procedures
8. To receive and forward applications for zoning amendments, variances, conditional uses, takings petitions, zoning appeals and other administrative reviews required by this Title to the appropriate board, commission or official;
9. To maintain permanent and current records as required by this Ordinance including, but not limited to, all relevant information and official action on zoning amendments, variances, conditional uses, zoning appeals and other administrative reviews;
10. To conduct inspections of structures or the use of land to determine whether there is compliance with this Title, and, in case of any violation, to order corrective action;
11. To enforce the requirements of this Title.
12. To administer application review procedures as set forth in chapter 19.16; and
13. To review and make determinations of a Noncomplying Structure or a Nonconforming use pursuant to 19.06.020  or Abandonment pursuant to 19.06.040.
14. Make determinations as required in the Commercial (C-V) zone pursuant Chapter 19.32
15. Hold pre-application meetings and make determinations as required in Chapter 19.38 FCOZ
16. Make determinations as required in Chapter 19.42 Specific Use Standards
17. Make determinations as required in Chapter 19.46 Site Development Standards
18. Make determinations as required in Chapter 19.48 Off Street Parking
19. Make determinations as required in Chapter 19.52 Signs
20. Make determinations as required in Chapter 19.54 Dark Skies
21. Act as the Floodplain Administrator for Floodplain Hazards pursuant to Chapter 19.56
22. Make determinations as required in Chapter 19.58 Geological Hazards
23. Provide other functions as specified in this Title or as directed by the Council.