There is hereby created a Planning Commission within and for Cedar City to be known as Cedar City Planning Commission. Said Commission shall consist of seven members to be appointed by the Mayor with the consent of the City Council from among qualified voters of the City. Members shall be selected without respect to political affiliations and shall serve with compensation as determined by the City Council.

Amended by Cedar City Ordinance No. 0612-13-3

The terms of office for the appointive members of such commission shall be four (4) 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. All terms shall be adjusted so that they terminate on June 30th in the year they are currently scheduled to terminate. The Mayor may remove members of the Planning Commission for the following reasons, to wit: (1) Misconduct including, but not limited to, commission of a criminal act other than minor traffic violations, and; (2) Excessive absenteeism including, but not limited to, missing three (3) consecutive meetings. The members of the Planning Commission are appointed officials of the City and shall comply with the terms of the Utah Municipal Officers and Employees Ethics Act, UCA §§10-3-1301 through 10-3-1312, as currently enacted or as it may be amended. When new members of the Planning Commission are appointed City Staff shall provide all training that is reasonably necessary.

Amended by Cedar City Ordinance No. 0612-13-3

The Planning Commission shall elect from its membership a Chairman. The Chairman shall be responsible to conduct the meetings and shall be a voting member of the board. If the elected Chairman is absent the remaining members shall select, by majority vote, one of the members to serve as Chair Pro Tempore.

All meetings of the Planning Commission shall be conducted pursuant to Robert’s Rules of Order as administered by the Chairman. In applying Robert’s Rules of Order the Chairman is encouraged to reject overly formal applications, and adopt the application that favors the following goals: (1) allow the Chair the ability to facilitate or direct the discussion and keep order; (2) protect the ability of all board members to bring up their ideas, discuss them, receive input from the public and staff, and come to their individual opinions and conclusions on each issue; (3) allow all members the opportunity to express their individual opinions and conclusions on each issue through their vote; and (4) assure the majority vote of the board is the opinion of the board while at the same time protecting the minority of board members ability to speak, express ideas, and vote.

The Planning Commission shall meet as necessary on the first and third Tuesday of each month. The Chair may call other meetings as deemed necessary. In order to call for a meeting, the Chair must notify all members of the board at least twenty-four (24) hours prior to the meeting. The notice from the Chair must contain the time, location, and date of the meeting. The Chair shall inform the members of the general subject matter of the meeting. The notice may be sent by mail, email, text, personal contact, or by phone.

All meetings of the Planning Commission shall be conducted pursuant to the Utah Open and Public Meetings Act.

Amended by Cedar City Ordinance No. 0612-13-3

The Planning Commission may appoint employees and any contract with City Planners, and other consultants providing its expenditures, exclusive of gifts, shall be within the amounts appropriated for the purpose by the City Council.

Amended by Cedar City Ordinance No. 0612-13-3

A. It shall be the function and duty of the Planning Commission to make, adopt, and certify to the City Council a General Plan for the physical development of the City, including other areas outside of its boundaries which in the Planning Commission's judgment bear relation to the planning of Cedar City. Where the plan involves territory outside of the boundaries of the City, action shall be taken with the concurrence of the county or other legislative body concerned. The General Plan shall show the Planning Commission's recommendations and may include, among other things, the general location, character and extent of streets, parkways, playgrounds, airports, and other public buildings and spaces and, the general location and extent of public utilities and terminals, whether publicly or privately owned; the acceptance, widening, removal, extension, relocations, narrowing, vacation, abandonment, or change of use of any of the foregoing; the general location, character, layout, and extent of community centers and neighborhood units; the extent and layout of the re-planning of blighted areas. The Planning Commission may from time to time amend, extend, or add to the General Plan or carry any part of subject matter into greater detail. In preparing the General Plan, the Planning Commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of Cedar City and its surrounding areas. The Plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the City in accordance with existing and future needs. The Planning Commission may make reports and recommendations relating to the Plan and development of the City to public officials and agencies, public utility companies, civic, educational, professional and other organizations, and citizens. In general, the Planning Commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning.

B. Master Plan Amendments. Whenever an amendment is proposed regarding the City’s master planned infrastructure, pursuant to these requirements. Any person seeking an amendment of a master planned map, the person shall submit to the Cedar City Engineering Department a written petition designating the change desired, the reasons therefor, and wherein the proposed amendment would further promote the objectives and purposes of the master plan for that infrastructure item, together with a fee of $25.00. The Engineering Department shall in turn transmit the petition to the Planning Commission. Upon the receipt of the petition, the Planning Commission shall consider the request.

C. Any application for an amendment to a master plan must comply with the following notice requirements prior to Planning Commission consideration:

1. Fourteen (14) calendar days’ notice by the Petitioner shall be given to all property owners of record directly affected by the proposed change. Said notice shall be sent by first-class mail by the Petitioner to said property owners with a certificate of mailing from the Postal Service, or hand-delivered to the property owners (certificate of hand-delivery to be filed with City Community Development Director) in accordance with the most current Iron County Assessment Roll. “Directly affected” shall mean

a. all property owners whose property will be required to contain or later install the master planned improvements if the proposed amendment occurs;

b. regarding water, sewer, and wastewater infrastructure only, all property owners whose property currently accesses the infrastructure proposed to be moved or who have submitted a completed land use or building permit application intending to access the infrastructure and the proposed change will disconnect, move, reroute, or restrict their current or filed proposed access to the City's system; and

c. all property owners within a 150-foot radius from the boundary of the proposed change.

2. Posting of Signs.

a. The posting of a sign(s) by the City on or adjacent to the property proposed to be redesignated in a master plan. The sign(s) shall be posted in a conspicuous place on or adjacent to the property proposed to be redesignated. Said sign(s) shall be visible from all abutting streets and must face every street surrounding the property or may be posted on the public right-of-way nearest the property.

b. Notwithstanding subsection (a), the sign(s) may be limited to one notice for each ¼ mile of linear feet on the adjacent roadway(s).

c. The sign(s) shall be at least 24 inches square and be labeled with 2-inch high letters reading “PROPOSED MASTER PLAN CHANGE NOTICE” with a method to receive detailed information below.

3. Limitation on Notices.

a. The notices under Subsection (C)(1)(c) shall not be required if the total number of properties under (C)(1)(a)-(b) exceeds 100 properties.

b. The notices under Subsection (C)(2) shall be limited to no more than ten(10) signs. Staff shall use its best judgment for the placement of the ten(10) signs.

4. The applicant shall pay an additional administration fee in the amount of $25.00.

(D) The notices required under Subsection (C) shall be given by the applicant if a person seeks to amend a master plan and shall be given by the City if no person is seeking to amend a master plan.

(F) The Planning Commission shall call a public hearing before submitting recommendations to the City Council.

(G) Before recommending an amendment to a master plan, it must be shown that such amendment is reasonably necessary, is in the best interest of the public, and is in harmony with the objectives and purposes of this ordinance, the applicable master plans, and the City’s general plan. Failure on the part of the Planning Commission to make recommendations within thirty (30) days shall be deemed to constitute a negative recommendation of such proposed amendment unless a longer period is granted by the City Council. The fee provided herein shall not be remitted.

(H) Waiting Period. A waiting period is hereby established beginning fourteen (14) days from the date the Planning Commission makes a recommendation on the petition. The City Council may not consider the proposed amendment until the waiting period has expired.

Amended by Cedar City Ordinance No. 0612-13-3

The Planning Commission, through its own initiative may, or by order of the City Council, shall make recommendations for changes in the Zone Map, or text of the Zoning Ordinance and shall have all powers granted by law or by these ordinances in the preparation of zoning maps and the recommendations for zoning in Cedar City. After receiving the recommendations of the Planning Commission, the City Council may amend the Zoning Ordinance or map. Any substantial change made by the City Council in the Planning Commission’s recommendation shall be returned to the Planning Commission for review and returned to the City Council within Sixty (60) days.

Amended by Cedar City Ordinance No. 0612-13-3

Amended by Cedar City Ordinance No. 0612-13-3

The dedication, widening, removal, extension, relocation, narrowing, vacation, abandonment, naming, change of use, acquisition of land for, or sale or release of any City Street, other public way, City easement or City property shall be referred to the Planning Commission for a recommendation to the City Council within thirty (30) days of the Planning Commission’s action.

Amended by Cedar City Ordinance No. 0612-13-3

No City owned, improved or unimproved real property shall be sold until the City Council shall have referred the proposition to sell such land to the Planning Commission for its review and recommendations, which shall be returned to the City Council within thirty (30) days. A public hearing shall then be held thereon after notice of such hearing has been published in a newspaper of general circulation in the City at least five (5) days prior to the date set for the hearing.

Amended by Cedar City Ordinance No. 0612-13-3