Centerville City Zoning Code

12.20 Decision

Making Bodies And Officials

12.20.010 Purpose

The purpose of this Chapter is to set forth the authority of decision making bodies and officials responsible for administering the provisions of this Title.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.020 Scope

The authority of the decision making bodies and officials set forth in this Chapter shall apply to the entirety of this Title, subject to its various provisions.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.030 Definitions

Certain words and phrases in this Chapter are defined in CZC 12.12 (Definitions).

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.040 City Council

Powers Not Enumerated in this Title. See City Council powers and duties set forth in CMC 3 (Adminstration).
Powers and Duties Related to this Title. In addition to the powers and duties of the City Council set forth in Subsection (a), in administering this Title the City Council shall have the powers and duties set forth below. Each of such powers and duties shall be exercised pursuant to the procedural and other applicable provisions of this Title.
1. Adopt, modify, or reject a proposed General Plan or any amendment thereto for all or part of the City and its surroundings;
2. Adopt, modify, or reject proposed amendments to the text of this Zoning Code and to the Zoning Map; and
3. Establish a fee schedule for applications required by provisions of this Title.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.050 Planning Commission

Established. A Planning Commission, consisting of seven members, is hereby established to exercise the powers and duties specified herein. Members of the Planning Commission shall serve without compensation, except for reasonable expenses incurred in performing their duties as members of the Commission.
Appointment and Terms of Office.
1. Planning Commission members shall be appointed by the Mayor with the advice and consent of the City Council.
  1. The terms of Planning Commission members shall be staggered. Each member of the Planning Commission shall serve for a term of three years and until a successor is appointed, provided that members may be appointed for terms shorter than three years when necessary to provide staggered terms.
  2. Planning Commission members may be reappointed for successive terms.
  3. The Mayor, with the advice and consent of the City Council, may remove any member of the Planning Commission at any time with or without cause.
  4. A vacancy occurring on the Planning Commission by reason of death, resignation, removal, disqualification or any other reason shall be promptly filled by a replacement appointed in the same manner as the original appointment for the remainder of the unexpired term of the replaced member.
2. In addition to the seven members of the Planning Commission, the Mayor, with the advice and consent of the City Council, may appoint two alternate Planning Commission members. The term, reappointment, removal, and vacancy of alternate Planning Commission members shall be the same as for regular Planning Commission members. Alternate members of the Planning Commission may serve on the Planning Commission in the absence of a Planning Commission member. The City Council shall make rules establishing a procedure for alternate members to serve in the absence of members of the Planning Commission.
3. Members and alternate members of the Planning Commission shall be deemed "volunteers" for purposes of City ordinances, rules, regulations and policies concerning personnel; provided, however, they shall be included in the definition of "employee" for purposes of the Utah Governmental Immunity Act as set forth in Utah Code §§ 63G-7-101, et seq.
Organization and Procedure. The Planning Commission shall be organized and exercise its powers and duties as follows:
1. Members of the Planning Commission shall select one of its members as chair to oversee the proceedings and activities of the Planning Commission.
  1. The chairperson shall serve for a term of one year.
  2. Members of the Planning Commission shall select one of its members as vice chair to act in the absence of the chair.
  3. The chair and vice chair may be re-elected for successive terms.
2. The Planning Commission may adopt policies and procedures, consistent with the provisions of this Title and applicable law, to govern the conduct of its meetings, the processing of applications, and for any other purposes considered necessary for the functioning of the Planning Commission. All such policies and procedures shall be submitted to the City Council for review and approval.
3. The Planning Commission shall meet on a regular day each month, as determined by the Planning Commission, and at such other times as the Planning Commission may determine. All meetings shall be properly noticed and held in accordance with the Utah Open and Public Meetings Act, as set forth in Utah Code §§ 52-4-101, et seq. The Planning Commission generally meets on the second and fourth Wednesday of each month.
4. No official business shall be conducted by the Planning Commission unless a quorum of its members is present. Four members of the Planning Commission shall constitute a quorum. The minimum number of yes votes required for the Planning Commission to take any action shall be the majority of members present, unless otherwise prescribed by law.
5. Decisions of the Planning Commission shall take effect on the date of the meeting or hearing where the decision is made, unless a different date is designated in the Commission's rules, or at the time the decision is made.
6. Except as otherwise provided by law, written minutes and a recording shall be kept of all public meetings of the Planning Commission in accordance with the provisions of the Utah Open and Public Meetings Act, including, but not limited to, Utah Code § 52-4-203 and § 52-4-206. Written minutes and recordings of Planning Commission meetings shall comply with policies and procedures adopted by the City Council regarding the approval of minutes for public bodies of the City. Approved minutes of all meetings of the Planning Commission 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 Utah Government Records and Access Management Act as set forth in Utah Code §§ 63G-2-101, et seq., and applicable provisions of the Utah Open and Public Meetings Act, as set forth in Utah Code §§ 52-4-101, et seq.
7. Pursuant to Utah Code § 10-3-606, the following rules of order and procedure shall govern public meetings of the Planning Commission (Rules of Order and Procedure).
  1. Parliamentary Order and Procedure. Planning Commission meetings shall be conducted in general accordance with Robert’s Rules of Order. The Planning Commission may adopt additional rules of order and procedure for the proper conduct of its meetings.
  2. Ethical Behavior. Members of the Planning Commission are officers or employees within the meaning of the Utah Municipal Officers’ and Employees’ Ethics Act, as set forth in Utah Code §§ 10-3-1301, et seq. Planning Commission members shall comply with the provisions of the Ethics Act in all matters pertaining to the City and in public meetings of the Planning Commission.
  3. Civil Discourse. Remarks and comments made in public meetings of the Planning Commission should be relevant to the matters before the Planning Commission. Speakers should speak in an audible and clear tone and refrain from attacking Planning Commission members or others or their motives. Planning Commission meetings should be conducted in a courteous manner. Planning Commission members should not interrupt other members during discussion and debate. Remarks should be addressed through the Planning Commission Chair who shall conduct the meeting in accordance with these policies.
Powers and Duties. The Planning Commission shall have all the powers and duties, explicit or implied, given planning commissions by Utah State law, including but not limited to the following. Each of such powers and duties shall be exercised pursuant to the procedural and other provisions of this Title.
1. Prepare and recommend a general plan and amendments to the general plan to the City Council, as provided in CZC 12.21.070;
2. Recommend zoning ordinances and maps, amendments to zoning ordinances and maps, to the City Council, as provided in CZC 12.21.080;
3. Administer applicable provisions of this Title;
4. Recommend subdivision regulations and amendments thereto to the City Council;
5. Recommend approval or denial of subdivision applications as provided in CMC 15 (Subdivisions);
6. Advise the City Council on matters requested by the City Council;
7. Hear and decide the approval or denial of conditional use permits, as provided in CZC 12.21.100;
8. Hear and decide the approval or denial of site plans, as provided in CZC 12.21.110;
9. Hear and decide any other matter that the City Council designates;
10. Prepare and recommend programs for public improvements and the financing thereof to the City Council; and
11. Exercise any other powers that are necessary to enable the Planning Commission to perform its function or that are delegated to it by the City Council.
Examinations and Surveys. The Planning Commission and its authorized agents may enter upon any land at reasonable times to make examinations and surveys as necessary to enable it to perform its function to promote City planning and development.
Appeal. Any person adversely affected by a final decision of the Planning Commission made in the exercise of the provisions of this Title may appeal that decision to the Board of Adjustment as provided in CZC 12.21.200.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.060 Board Of Adjustment

Established. In order to provide for just and fair treatment in the administration of this Title, and to ensure that substantial justice is done, a Board of Adjustment, consisting of five members, is hereby established to exercise the powers and duties specified herein. Members of the Board of Adjustment shall serve without compensation, except for reasonable expenses incurred in performing their duties as members of the Board of Adjustment.
Appointment and Terms of Office.
1. Board of Adjustment members shall be appointed by the Mayor with the advice and consent of the City Council.
  1. The terms of Board of Adjustment members shall be staggered. Each member of the Board of Adjustment shall serve for a term of five years and until a successor is appointed, provided that members may be appointed for terms shorter than five years when necessary to provide staggered terms.
  2. Board of Adjustment members may be reappointed for successive terms.
  3. The Mayor, with the advice and consent of the City Council, may remove any member of the Board of Adjustment at any time with or without cause.
  4. A vacancy occurring on the Board of Adjustment by reason of death, resignation, removal, disqualification or any other reason shall be promptly filled by a replacement appointed in the same manner as the original appointment for the remainder of the unexpired term of the replaced member.
2. In addition to the five members of the Board of Adjustment the Mayor, with the advice and consent of the City Council, may appoint two alternate Board of Adjustment members. The term, reappointment, removal, and vacancy of alternate Board of Adjustment members shall be the same as for regular Board of Adjustment members. Alternate members of the Board of Adjustment may serve on the Board of Adjustment in the absence of a regular Board of Adjustment member. If alternate members are appointed, the City Council shall make rules establishing a procedure for alternate members to serve in the absence of members of the Board of Adjustment.
3. Members and alternate members of the Board of Adjustment shall be deemed "volunteers" for purposes of City Ordinances, rules, regulations and policies concerning personnel; provided, however, they shall be included in the definition of "employee" for purposes of the Utah Governmental Immunity Act as set forth in Utah Code §§ 63G-7-101, et seq.
Organization and Procedure. The Board of Adjustment shall be organized and exercise its powers and duties as follows.
1. Members of the Board of Adjustment shall select one of its members as chair to oversee the proceedings and activities of the Board of Adjustment.
  1. The chair shall serve for a term of one year.
  2. Members of the Board of Adjustment shall select one of its members as vice chair to act in the absence of the chair.
  3. The chair and vice chair may be re elected for successive terms.
  4. The chair, or in the absence of the chair, the vice chair, may administer oaths and compel the attendance of witnesses.
2. The Board of Adjustment may adopt policies and procedures, consistent with the provisions of this Title and applicable law, to govern the conduct of its meetings, the processing of applications, and for any other purposes considered necessary for the functioning of the Board of Adjustment. All such policies and procedures shall be submitted to the City Council for review and approval.
3. The Board of Adjustment shall meet as necessary to consider matters within its jurisdiction. All meetings shall be properly noticed and held in accordance with the Utah Open and Public Meetings Act, as set forth in Utah Code §§ 52-4-101, et seq.
4. No official business shall be conducted by the Board of Adjustment unless a quorum of its members is present. Three members of the Board shall constitute a quorum. The concurring vote of three Board of Adjustment members is necessary to reverse any order, requirement, decision or determination of any administrative official or agency or to decide in favor of an appellant.
5. Decisions of the Board of Adjustment shall take effect on the date of the meeting or hearing where the decision is made, unless a different time is designated in the Board's rules, or at the time the decision is made.
6. Except as otherwise provided by law, written minutes and a recording shall be kept of all public meetings of the Board of Adjustment in accordance with the provisions of the Utah Open and Public Meetings Act, including, but not limited to, Utah Code § 52-4-203 and § 52-4-206. Written minutes and recordings of Board of Adjustment meetings shall comply with policies and procedures adopted by the City Council regarding the approval of minutes for public bodies of the City. Approved minutes of all meetings of the Board of Adjustment 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 Utah Government Records and Access Management Act, as set forth in Utah Code §§ 63G-2-101, et seq., and the Utah Open and Public Meetings Act, as set forth in Utah Code §§ 52-4-101, et seq.
Powers and Duties. The Board of Adjustment shall have all the powers and duties, explicit or implied, given such boards by Utah State law, including but not limited to the following. Each of such powers and duties shall be exercised pursuant to the procedural and other provisions of this Title.
1. Hear and decide appeals from zoning decisions applying the provisions of this Title, as provided in this Title, and in accordance with CZC 12.21.200;
2. Hear and decide appeals from Planning Commission decisions regarding conditional use permits, as provided in CZC 12.21.100;
3. Hear and decide appeals from Planning Commission decisions regarding site plans, as provided in CZC 12.21.110;
4. Hear and decide appeals from Planning Commission decisions regarding special exceptions, as provided in CZC 12.21.120;
5. Hear and decide variances from the terms of this Title, as provided in CZC 12.21.130; and
6. Hear and decide appeals regarding the existence, expansion, or modification of nonconformities, as provided in CZC 12.21.150.
Appeal. An appeal to the Board of Adjustment shall be made as provided in CZC 12.21.200.
Notice of Hearing. The Board of Adjustment shall fix a reasonable time for the hearing of each appeal, give public notice thereof and due notice to the parties in interest as provided in CZC 12.21.200.
Appearance. At the hearing of any matter, the parties affected may appear in person with or without an attorney.
Stay of Proceedings. An appeal to the Board of Adjustment shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board that by reason of facts stated in the appeal, a stay would, in his or her opinion, cause immediate peril to life or property. In such case, proceedings shall not be stayed except by a restraining order granted by the Board of Adjustment or by the district court upon application, notice, and due cause shown.
Appeal. Any person adversely affected by a final decision of the Board of Adjustment may petition the district court for a review of the decision as provided in Utah Code § 10-9a-801.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.070 Landmarks Commission

Established. A Landmarks Commission, consisting of five to seven members, is hereby established for the purpose of acting as the administrative authority for decisions or as an advisory and recommending body to the City Council, as provided in this Title, regarding historic assets within the City. Members of the Landmarks Commission shall:
1. Serve without compensation, except for reasonable expenses incurred in performing their duties as members of the Landmarks Commission; and
2. Have a demonstrated interest, competence or knowledge in historic preservation or architecture. To the extent available in the community, two Commission members shall be professionals from the disciplines of history, architecture, or architectural history as defined by National Park Service regulations.
Appointment and Terms of Office.
1. Landmarks Commission members shall be appointed by the Mayor with the advice and consent of the City Council.
  1. The terms of Landmarks Commission members shall be staggered. Each member of the Landmarks Commission shall serve for a term of three years and until a successor is appointed, provided that members may be appointed for terms shorter than three years when necessary to provide staggered terms.
  2. Landmarks Commission members may be reappointed for successive terms.
  3. The Mayor, with the advice and consent of the City Council, may remove any member of the Landmarks Commission at any time with or without cause.
  4. A vacancy occurring on the Landmarks Commission by reason of death, resignation, removal, disqualification or any other reason shall be promptly filled by a replacement appointed in the same manner as the original appointment for the remainder of the unexpired term of the replaced member.
2. Members of the Landmarks Commission shall be deemed "volunteers" for purposes of City ordinances, rules, regulations and policies concerning personnel; provided, however, they shall be included in the definition of "employee" for purposes of the Utah Governmental Immunity Act, as set forth in Utah Code §§ 63G-7-101, et seq.
Organization and Procedure. The Landmarks Commission shall be organized and exercise its powers and duties as follows:
1. Members of the Landmarks Commission shall select one of its members as chair to oversee the proceedings and activities of the Commission.
  1. The chair shall serve for a term of one year.
  2. The chair, with the advice and consent of the Landmarks Commission, shall appoint one member as alternate-chair to act in the absence of the chair.
  3. The chair and alternate-chair may be re-elected for successive terms.
2. The Landmarks Commission may adopt policies and procedures, consistent with the provisions of this Title and applicable law, to govern the conduct of its meetings, the processing of applications, and for any other purposes considered necessary for the functioning of the Commission.
3. The Landmarks Commission shall meet at least twice each year, as determined by the Commission and at such other times as the Commission may determine. All meetings shall be properly noticed and held in accordance with the Utah Open and Public Meetings Act, as set forth in Utah Code §§ 52-4-101, et seq.
4. No official business shall be conducted by the Landmarks Commission unless a quorum of its members is present. Recognizing the flexible number of members which may be appointed to the Landmarks Commission, a quorum shall consist of a majority of the appointed members on the Commission. The minimum number of yes votes required for the Landmarks Commission to take any action shall be a majority of members present at a duly called meeting with a quorum; provided, in no event shall the minimum number of votes required to take any action be less than three.
5. Decisions of the Landmarks Commission shall take effect on the date of the meeting or hearing in which the decision is made, unless a different time is designated in the Commission's rules, or at the time the decision is made.
6. The Landmarks Commission shall keep written minutes of its proceedings, in accordance with and to the extent required by the Utah Open and Public Meetings Act as set forth in Utah Code §§ 52-4-101, et seq.
  1. The Landmarks Commission shall transmit reports of its official acts and recommendations to the City Council.
  2. The minutes of all meetings of the Landmarks Commission shall be prepared and filed in the office of the City Recorder. All such records are public records and shall be available for public review and access in accordance with the Utah Government Records and Access Management Act, Utah Code §§ 63G-2-101, et seq.
Powers and Duties. The Landmarks Commission shall have all the powers and duties, explicit or implied, given under Utah law, including but not limited to the following. Each of such powers and duties shall be exercised pursuant to the procedural and other provisions of this Title.
1. Conduct or cause to be conducted a survey of the historic, architectural, and archaeological resources within the City. The survey shall be compatible with the Utah Inventory of Historic and Archaeological Sites. All survey and inventory documents shall be maintained and open to the public. The survey should be updated at least every 10 years.
2. Establish and maintain a Significant Historic Sites List, a Historic Landmark Register, and a Historic Area Register as provided in CZC 12.61 (Historic Buildings and Sites).
3. Review and comment to the State Historic Preservation Office on all proposed National Register nominations for historic assets within the boundaries of the City. When the Landmarks Commission considers a National Register nomination which is normally evaluated by professionals in a specific discipline and that discipline is not represented on the Commission, the Commission should seek expertise in this area before rendering its decision.
4. Act as an administrative authority for the City regarding the designation, preservation, modification and demolition of historic assets within the City.
5. Work toward the continuing education of citizens regarding historic preservation and Centerville's history.
6. Support the enforcement of State laws relating to historic preservation, including, but not limited to, Utah Code § 9-8-301, regarding the protection of Utah antiquities, and Utah Code § 9-8-401, regarding historic sites.
7. Exercise any other powers that are delegated to the Landmarks Commission by the City Council.
Funding for Commission. The Landmarks Commission shall be a voluntary organization whose operations may be funded by annual appropriations in the City budget and state, federal, corporate and private grants, donations or other contributions. The Landmarks Commission may solicit aid on a project-by project basis from the City during its regular budget preparation cycle by application submitted prior to March 15th of each year.
Examinations and Surveys. The Landmarks Commission and its authorized agents, after contacting the property owner, may enter upon any land at reasonable times to make examinations and surveys as necessary to enable it to perform its function to promote historic preservation or to perform its duties as set forth in this Chapter.
Appeal. Any person adversely affected by a final decision of the Landmarks Commission made in the exercise of the provisions of this Title may appeal that decision to the Board of Adjustment as provided in CZC 12.21.200.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.080 Planning Commission Referral

Referral to Staff. The Planning Commission may direct that any matter over which it has jurisdiction be referred to the staff of the Planning Commission for review and preparation of recommendations. Such action shall be taken either by motion of the Planning Commission or pursuant to duly adopted policies and procedures of the Planning Commission. The authority for such referrals may be revoked at any time by motion of the Planning Commission or amendment of its policies and procedures as the case may be.
Appointment of Hearing Officer. In the event a matter is referred to the Planning Commission staff which requires a public hearing, the City Manager shall appoint a hearing officer to conduct the hearing in accordance with applicable requirements of this Title.
Review and Recommendation. If a matter is referred to the Planning Commission staff as permitted by this Section, the staff shall conform to any instructions or limitations contained in the referral, and subject thereto shall review the referred matter, conduct any necessary hearings, and prepare written recommendations for the Planning Commission.
Decision. Unless the Planning Commission shall otherwise direct, any person who has applied for authorization to develop property under the terms of this Title may in writing consent to the staff recommendation and waive further action by the Planning Commission. If the applicant waives further action by the Planning Commission, the staff recommendation shall be considered approved by the Planning Commission. Thereafter, necessary permits may be issued subject to the terms of this Title and any applicable conditions of approval.
Limitation. This Section shall not apply to any action where the Planning Commission is required by law to take direct action.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.090 Zoning Administrator

Appointment. The Community Development Director is hereby designated as the Zoning Administrator who shall be primarily responsible for administering and enforcing this Title.
Interpretation. When necessary, the Zoning Administrator shall interpret the provisions of this Title, subject to general and specific policies established by the Planning Commission and City Council. Upon request, the Zoning Administrator shall make a written interpretation of the text of this Title pursuant to CZC 12.21.190.
Administrative Duties. The Zoning Administrator shall accomplish or cause to be accomplished all administrative actions required by this Title, including the giving of notice, holding of hearings, preparation of staff reports, and receiving and processing of appeals.
Appeal. Any person adversely affected by a final decision of the Zoning Administrator made in the exercise of the provisions of this Title may appeal that decision to the Board of Adjustment as provided in CZC 12.21.200.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.100 Development Review Committee

Created. A Development Review Committee is hereby created.
Purpose. The purpose of the Development Review Committee is to review proposed development within the City for compliance with applicable provisions of the General Plan, Zoning Code, Construction Codes, City Standards and Specifications, and Centerville Municipal Code.
Members. The Development Review Committee shall consist of persons representing City Departments, as may be designated by the City Manager, who are responsible for reviewing and coordinating development proposals, including, but not limited to the Zoning Administrator, Planner, Public Works Director, City Engineer and City Attorney.
Powers and Duties. The Development Review Committee shall act under the direction of the City Manager and shall have the following duties and responsibilities:
1. Before any development project is considered by the Planning Commission or City Council, the Development Review Committee shall review the proposed development plan to determine its consistency with the General Plan and other City policies, compliance with applicable provisions of this Title, the Construction Codes, the City Standards and Specifications, and the Centerville Municipal Code, and any applicable development agreements.
  1. Projects subject to the requirements of this Section shall include conditional use permits, site plans, condominiums, condominium conversions, and any other matter subject to the issuance of a permit under this Title.
  2. If, in the opinion of the Development Review Committee, the proposed project is consistent with the General Plan and other applicable City policies, complies with applicable Centerville Municipal Code requirements, and applicable development agreements, the Development Review Committee should so report to the Zoning Administrator. Where necessary, the Zoning Administrator should propose findings as recommended by the Development Review Committee for consideration by the Planning Commission and City Council.
  3. If, in the opinion of the Development Review Committee, a proposed project is not consistent with the General Plan or compliant with applicable Centerville Municipal Code requirements, policies, or development agreement, the Development Review Committee should report such conclusions to the Zoning Administrator and recommend any conditions of approval which would, in the opinion of the Development Review Committee, have the effect of making the proposed project consistent with the General Plan, compliant with applicable Centerville Municipal Code, or development agreement requirements. Where necessary, the Zoning Administrator should propose findings as recommended by the Development Review Committee for consideration by the Planning Commission and City Council.
2. Before any application for annexation or amendment to the General Plan, this Title, or CMC 15 (Subdivisions), or any other matter which involves discretionary authority by the City is considered by the Planning Commission or City Council, the Development Review Committee should make recommendations concerning such application.
3. The Development Review Committee may establish procedures for the preparation of agendas, the scheduling of meetings, and the conduct of meetings and field trips.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

2016-20

Centerville City Zoning Code

12.20 Decision

Making Bodies And Officials

12.20.010 Purpose

The purpose of this Chapter is to set forth the authority of decision making bodies and officials responsible for administering the provisions of this Title.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.020 Scope

The authority of the decision making bodies and officials set forth in this Chapter shall apply to the entirety of this Title, subject to its various provisions.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.030 Definitions

Certain words and phrases in this Chapter are defined in CZC 12.12 (Definitions).

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.040 City Council

Powers Not Enumerated in this Title. See City Council powers and duties set forth in CMC 3 (Adminstration).
Powers and Duties Related to this Title. In addition to the powers and duties of the City Council set forth in Subsection (a), in administering this Title the City Council shall have the powers and duties set forth below. Each of such powers and duties shall be exercised pursuant to the procedural and other applicable provisions of this Title.
1. Adopt, modify, or reject a proposed General Plan or any amendment thereto for all or part of the City and its surroundings;
2. Adopt, modify, or reject proposed amendments to the text of this Zoning Code and to the Zoning Map; and
3. Establish a fee schedule for applications required by provisions of this Title.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.050 Planning Commission

Established. A Planning Commission, consisting of seven members, is hereby established to exercise the powers and duties specified herein. Members of the Planning Commission shall serve without compensation, except for reasonable expenses incurred in performing their duties as members of the Commission.
Appointment and Terms of Office.
1. Planning Commission members shall be appointed by the Mayor with the advice and consent of the City Council.
  1. The terms of Planning Commission members shall be staggered. Each member of the Planning Commission shall serve for a term of three years and until a successor is appointed, provided that members may be appointed for terms shorter than three years when necessary to provide staggered terms.
  2. Planning Commission members may be reappointed for successive terms.
  3. The Mayor, with the advice and consent of the City Council, may remove any member of the Planning Commission at any time with or without cause.
  4. A vacancy occurring on the Planning Commission by reason of death, resignation, removal, disqualification or any other reason shall be promptly filled by a replacement appointed in the same manner as the original appointment for the remainder of the unexpired term of the replaced member.
2. In addition to the seven members of the Planning Commission, the Mayor, with the advice and consent of the City Council, may appoint two alternate Planning Commission members. The term, reappointment, removal, and vacancy of alternate Planning Commission members shall be the same as for regular Planning Commission members. Alternate members of the Planning Commission may serve on the Planning Commission in the absence of a Planning Commission member. The City Council shall make rules establishing a procedure for alternate members to serve in the absence of members of the Planning Commission.
3. Members and alternate members of the Planning Commission shall be deemed "volunteers" for purposes of City ordinances, rules, regulations and policies concerning personnel; provided, however, they shall be included in the definition of "employee" for purposes of the Utah Governmental Immunity Act as set forth in Utah Code §§ 63G-7-101, et seq.
Organization and Procedure. The Planning Commission shall be organized and exercise its powers and duties as follows:
1. Members of the Planning Commission shall select one of its members as chair to oversee the proceedings and activities of the Planning Commission.
  1. The chairperson shall serve for a term of one year.
  2. Members of the Planning Commission shall select one of its members as vice chair to act in the absence of the chair.
  3. The chair and vice chair may be re-elected for successive terms.
2. The Planning Commission may adopt policies and procedures, consistent with the provisions of this Title and applicable law, to govern the conduct of its meetings, the processing of applications, and for any other purposes considered necessary for the functioning of the Planning Commission. All such policies and procedures shall be submitted to the City Council for review and approval.
3. The Planning Commission shall meet on a regular day each month, as determined by the Planning Commission, and at such other times as the Planning Commission may determine. All meetings shall be properly noticed and held in accordance with the Utah Open and Public Meetings Act, as set forth in Utah Code §§ 52-4-101, et seq. The Planning Commission generally meets on the second and fourth Wednesday of each month.
4. No official business shall be conducted by the Planning Commission unless a quorum of its members is present. Four members of the Planning Commission shall constitute a quorum. The minimum number of yes votes required for the Planning Commission to take any action shall be the majority of members present, unless otherwise prescribed by law.
5. Decisions of the Planning Commission shall take effect on the date of the meeting or hearing where the decision is made, unless a different date is designated in the Commission's rules, or at the time the decision is made.
6. Except as otherwise provided by law, written minutes and a recording shall be kept of all public meetings of the Planning Commission in accordance with the provisions of the Utah Open and Public Meetings Act, including, but not limited to, Utah Code § 52-4-203 and § 52-4-206. Written minutes and recordings of Planning Commission meetings shall comply with policies and procedures adopted by the City Council regarding the approval of minutes for public bodies of the City. Approved minutes of all meetings of the Planning Commission 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 Utah Government Records and Access Management Act as set forth in Utah Code §§ 63G-2-101, et seq., and applicable provisions of the Utah Open and Public Meetings Act, as set forth in Utah Code §§ 52-4-101, et seq.
7. Pursuant to Utah Code § 10-3-606, the following rules of order and procedure shall govern public meetings of the Planning Commission (Rules of Order and Procedure).
  1. Parliamentary Order and Procedure. Planning Commission meetings shall be conducted in general accordance with Robert’s Rules of Order. The Planning Commission may adopt additional rules of order and procedure for the proper conduct of its meetings.
  2. Ethical Behavior. Members of the Planning Commission are officers or employees within the meaning of the Utah Municipal Officers’ and Employees’ Ethics Act, as set forth in Utah Code §§ 10-3-1301, et seq. Planning Commission members shall comply with the provisions of the Ethics Act in all matters pertaining to the City and in public meetings of the Planning Commission.
  3. Civil Discourse. Remarks and comments made in public meetings of the Planning Commission should be relevant to the matters before the Planning Commission. Speakers should speak in an audible and clear tone and refrain from attacking Planning Commission members or others or their motives. Planning Commission meetings should be conducted in a courteous manner. Planning Commission members should not interrupt other members during discussion and debate. Remarks should be addressed through the Planning Commission Chair who shall conduct the meeting in accordance with these policies.
Powers and Duties. The Planning Commission shall have all the powers and duties, explicit or implied, given planning commissions by Utah State law, including but not limited to the following. Each of such powers and duties shall be exercised pursuant to the procedural and other provisions of this Title.
1. Prepare and recommend a general plan and amendments to the general plan to the City Council, as provided in CZC 12.21.070;
2. Recommend zoning ordinances and maps, amendments to zoning ordinances and maps, to the City Council, as provided in CZC 12.21.080;
3. Administer applicable provisions of this Title;
4. Recommend subdivision regulations and amendments thereto to the City Council;
5. Recommend approval or denial of subdivision applications as provided in CMC 15 (Subdivisions);
6. Advise the City Council on matters requested by the City Council;
7. Hear and decide the approval or denial of conditional use permits, as provided in CZC 12.21.100;
8. Hear and decide the approval or denial of site plans, as provided in CZC 12.21.110;
9. Hear and decide any other matter that the City Council designates;
10. Prepare and recommend programs for public improvements and the financing thereof to the City Council; and
11. Exercise any other powers that are necessary to enable the Planning Commission to perform its function or that are delegated to it by the City Council.
Examinations and Surveys. The Planning Commission and its authorized agents may enter upon any land at reasonable times to make examinations and surveys as necessary to enable it to perform its function to promote City planning and development.
Appeal. Any person adversely affected by a final decision of the Planning Commission made in the exercise of the provisions of this Title may appeal that decision to the Board of Adjustment as provided in CZC 12.21.200.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.060 Board Of Adjustment

Established. In order to provide for just and fair treatment in the administration of this Title, and to ensure that substantial justice is done, a Board of Adjustment, consisting of five members, is hereby established to exercise the powers and duties specified herein. Members of the Board of Adjustment shall serve without compensation, except for reasonable expenses incurred in performing their duties as members of the Board of Adjustment.
Appointment and Terms of Office.
1. Board of Adjustment members shall be appointed by the Mayor with the advice and consent of the City Council.
  1. The terms of Board of Adjustment members shall be staggered. Each member of the Board of Adjustment shall serve for a term of five years and until a successor is appointed, provided that members may be appointed for terms shorter than five years when necessary to provide staggered terms.
  2. Board of Adjustment members may be reappointed for successive terms.
  3. The Mayor, with the advice and consent of the City Council, may remove any member of the Board of Adjustment at any time with or without cause.
  4. A vacancy occurring on the Board of Adjustment by reason of death, resignation, removal, disqualification or any other reason shall be promptly filled by a replacement appointed in the same manner as the original appointment for the remainder of the unexpired term of the replaced member.
2. In addition to the five members of the Board of Adjustment the Mayor, with the advice and consent of the City Council, may appoint two alternate Board of Adjustment members. The term, reappointment, removal, and vacancy of alternate Board of Adjustment members shall be the same as for regular Board of Adjustment members. Alternate members of the Board of Adjustment may serve on the Board of Adjustment in the absence of a regular Board of Adjustment member. If alternate members are appointed, the City Council shall make rules establishing a procedure for alternate members to serve in the absence of members of the Board of Adjustment.
3. Members and alternate members of the Board of Adjustment shall be deemed "volunteers" for purposes of City Ordinances, rules, regulations and policies concerning personnel; provided, however, they shall be included in the definition of "employee" for purposes of the Utah Governmental Immunity Act as set forth in Utah Code §§ 63G-7-101, et seq.
Organization and Procedure. The Board of Adjustment shall be organized and exercise its powers and duties as follows.
1. Members of the Board of Adjustment shall select one of its members as chair to oversee the proceedings and activities of the Board of Adjustment.
  1. The chair shall serve for a term of one year.
  2. Members of the Board of Adjustment shall select one of its members as vice chair to act in the absence of the chair.
  3. The chair and vice chair may be re elected for successive terms.
  4. The chair, or in the absence of the chair, the vice chair, may administer oaths and compel the attendance of witnesses.
2. The Board of Adjustment may adopt policies and procedures, consistent with the provisions of this Title and applicable law, to govern the conduct of its meetings, the processing of applications, and for any other purposes considered necessary for the functioning of the Board of Adjustment. All such policies and procedures shall be submitted to the City Council for review and approval.
3. The Board of Adjustment shall meet as necessary to consider matters within its jurisdiction. All meetings shall be properly noticed and held in accordance with the Utah Open and Public Meetings Act, as set forth in Utah Code §§ 52-4-101, et seq.
4. No official business shall be conducted by the Board of Adjustment unless a quorum of its members is present. Three members of the Board shall constitute a quorum. The concurring vote of three Board of Adjustment members is necessary to reverse any order, requirement, decision or determination of any administrative official or agency or to decide in favor of an appellant.
5. Decisions of the Board of Adjustment shall take effect on the date of the meeting or hearing where the decision is made, unless a different time is designated in the Board's rules, or at the time the decision is made.
6. Except as otherwise provided by law, written minutes and a recording shall be kept of all public meetings of the Board of Adjustment in accordance with the provisions of the Utah Open and Public Meetings Act, including, but not limited to, Utah Code § 52-4-203 and § 52-4-206. Written minutes and recordings of Board of Adjustment meetings shall comply with policies and procedures adopted by the City Council regarding the approval of minutes for public bodies of the City. Approved minutes of all meetings of the Board of Adjustment 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 Utah Government Records and Access Management Act, as set forth in Utah Code §§ 63G-2-101, et seq., and the Utah Open and Public Meetings Act, as set forth in Utah Code §§ 52-4-101, et seq.
Powers and Duties. The Board of Adjustment shall have all the powers and duties, explicit or implied, given such boards by Utah State law, including but not limited to the following. Each of such powers and duties shall be exercised pursuant to the procedural and other provisions of this Title.
1. Hear and decide appeals from zoning decisions applying the provisions of this Title, as provided in this Title, and in accordance with CZC 12.21.200;
2. Hear and decide appeals from Planning Commission decisions regarding conditional use permits, as provided in CZC 12.21.100;
3. Hear and decide appeals from Planning Commission decisions regarding site plans, as provided in CZC 12.21.110;
4. Hear and decide appeals from Planning Commission decisions regarding special exceptions, as provided in CZC 12.21.120;
5. Hear and decide variances from the terms of this Title, as provided in CZC 12.21.130; and
6. Hear and decide appeals regarding the existence, expansion, or modification of nonconformities, as provided in CZC 12.21.150.
Appeal. An appeal to the Board of Adjustment shall be made as provided in CZC 12.21.200.
Notice of Hearing. The Board of Adjustment shall fix a reasonable time for the hearing of each appeal, give public notice thereof and due notice to the parties in interest as provided in CZC 12.21.200.
Appearance. At the hearing of any matter, the parties affected may appear in person with or without an attorney.
Stay of Proceedings. An appeal to the Board of Adjustment shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board that by reason of facts stated in the appeal, a stay would, in his or her opinion, cause immediate peril to life or property. In such case, proceedings shall not be stayed except by a restraining order granted by the Board of Adjustment or by the district court upon application, notice, and due cause shown.
Appeal. Any person adversely affected by a final decision of the Board of Adjustment may petition the district court for a review of the decision as provided in Utah Code § 10-9a-801.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.070 Landmarks Commission

Established. A Landmarks Commission, consisting of five to seven members, is hereby established for the purpose of acting as the administrative authority for decisions or as an advisory and recommending body to the City Council, as provided in this Title, regarding historic assets within the City. Members of the Landmarks Commission shall:
1. Serve without compensation, except for reasonable expenses incurred in performing their duties as members of the Landmarks Commission; and
2. Have a demonstrated interest, competence or knowledge in historic preservation or architecture. To the extent available in the community, two Commission members shall be professionals from the disciplines of history, architecture, or architectural history as defined by National Park Service regulations.
Appointment and Terms of Office.
1. Landmarks Commission members shall be appointed by the Mayor with the advice and consent of the City Council.
  1. The terms of Landmarks Commission members shall be staggered. Each member of the Landmarks Commission shall serve for a term of three years and until a successor is appointed, provided that members may be appointed for terms shorter than three years when necessary to provide staggered terms.
  2. Landmarks Commission members may be reappointed for successive terms.
  3. The Mayor, with the advice and consent of the City Council, may remove any member of the Landmarks Commission at any time with or without cause.
  4. A vacancy occurring on the Landmarks Commission by reason of death, resignation, removal, disqualification or any other reason shall be promptly filled by a replacement appointed in the same manner as the original appointment for the remainder of the unexpired term of the replaced member.
2. Members of the Landmarks Commission shall be deemed "volunteers" for purposes of City ordinances, rules, regulations and policies concerning personnel; provided, however, they shall be included in the definition of "employee" for purposes of the Utah Governmental Immunity Act, as set forth in Utah Code §§ 63G-7-101, et seq.
Organization and Procedure. The Landmarks Commission shall be organized and exercise its powers and duties as follows:
1. Members of the Landmarks Commission shall select one of its members as chair to oversee the proceedings and activities of the Commission.
  1. The chair shall serve for a term of one year.
  2. The chair, with the advice and consent of the Landmarks Commission, shall appoint one member as alternate-chair to act in the absence of the chair.
  3. The chair and alternate-chair may be re-elected for successive terms.
2. The Landmarks Commission may adopt policies and procedures, consistent with the provisions of this Title and applicable law, to govern the conduct of its meetings, the processing of applications, and for any other purposes considered necessary for the functioning of the Commission.
3. The Landmarks Commission shall meet at least twice each year, as determined by the Commission and at such other times as the Commission may determine. All meetings shall be properly noticed and held in accordance with the Utah Open and Public Meetings Act, as set forth in Utah Code §§ 52-4-101, et seq.
4. No official business shall be conducted by the Landmarks Commission unless a quorum of its members is present. Recognizing the flexible number of members which may be appointed to the Landmarks Commission, a quorum shall consist of a majority of the appointed members on the Commission. The minimum number of yes votes required for the Landmarks Commission to take any action shall be a majority of members present at a duly called meeting with a quorum; provided, in no event shall the minimum number of votes required to take any action be less than three.
5. Decisions of the Landmarks Commission shall take effect on the date of the meeting or hearing in which the decision is made, unless a different time is designated in the Commission's rules, or at the time the decision is made.
6. The Landmarks Commission shall keep written minutes of its proceedings, in accordance with and to the extent required by the Utah Open and Public Meetings Act as set forth in Utah Code §§ 52-4-101, et seq.
  1. The Landmarks Commission shall transmit reports of its official acts and recommendations to the City Council.
  2. The minutes of all meetings of the Landmarks Commission shall be prepared and filed in the office of the City Recorder. All such records are public records and shall be available for public review and access in accordance with the Utah Government Records and Access Management Act, Utah Code §§ 63G-2-101, et seq.
Powers and Duties. The Landmarks Commission shall have all the powers and duties, explicit or implied, given under Utah law, including but not limited to the following. Each of such powers and duties shall be exercised pursuant to the procedural and other provisions of this Title.
1. Conduct or cause to be conducted a survey of the historic, architectural, and archaeological resources within the City. The survey shall be compatible with the Utah Inventory of Historic and Archaeological Sites. All survey and inventory documents shall be maintained and open to the public. The survey should be updated at least every 10 years.
2. Establish and maintain a Significant Historic Sites List, a Historic Landmark Register, and a Historic Area Register as provided in CZC 12.61 (Historic Buildings and Sites).
3. Review and comment to the State Historic Preservation Office on all proposed National Register nominations for historic assets within the boundaries of the City. When the Landmarks Commission considers a National Register nomination which is normally evaluated by professionals in a specific discipline and that discipline is not represented on the Commission, the Commission should seek expertise in this area before rendering its decision.
4. Act as an administrative authority for the City regarding the designation, preservation, modification and demolition of historic assets within the City.
5. Work toward the continuing education of citizens regarding historic preservation and Centerville's history.
6. Support the enforcement of State laws relating to historic preservation, including, but not limited to, Utah Code § 9-8-301, regarding the protection of Utah antiquities, and Utah Code § 9-8-401, regarding historic sites.
7. Exercise any other powers that are delegated to the Landmarks Commission by the City Council.
Funding for Commission. The Landmarks Commission shall be a voluntary organization whose operations may be funded by annual appropriations in the City budget and state, federal, corporate and private grants, donations or other contributions. The Landmarks Commission may solicit aid on a project-by project basis from the City during its regular budget preparation cycle by application submitted prior to March 15th of each year.
Examinations and Surveys. The Landmarks Commission and its authorized agents, after contacting the property owner, may enter upon any land at reasonable times to make examinations and surveys as necessary to enable it to perform its function to promote historic preservation or to perform its duties as set forth in this Chapter.
Appeal. Any person adversely affected by a final decision of the Landmarks Commission made in the exercise of the provisions of this Title may appeal that decision to the Board of Adjustment as provided in CZC 12.21.200.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.080 Planning Commission Referral

Referral to Staff. The Planning Commission may direct that any matter over which it has jurisdiction be referred to the staff of the Planning Commission for review and preparation of recommendations. Such action shall be taken either by motion of the Planning Commission or pursuant to duly adopted policies and procedures of the Planning Commission. The authority for such referrals may be revoked at any time by motion of the Planning Commission or amendment of its policies and procedures as the case may be.
Appointment of Hearing Officer. In the event a matter is referred to the Planning Commission staff which requires a public hearing, the City Manager shall appoint a hearing officer to conduct the hearing in accordance with applicable requirements of this Title.
Review and Recommendation. If a matter is referred to the Planning Commission staff as permitted by this Section, the staff shall conform to any instructions or limitations contained in the referral, and subject thereto shall review the referred matter, conduct any necessary hearings, and prepare written recommendations for the Planning Commission.
Decision. Unless the Planning Commission shall otherwise direct, any person who has applied for authorization to develop property under the terms of this Title may in writing consent to the staff recommendation and waive further action by the Planning Commission. If the applicant waives further action by the Planning Commission, the staff recommendation shall be considered approved by the Planning Commission. Thereafter, necessary permits may be issued subject to the terms of this Title and any applicable conditions of approval.
Limitation. This Section shall not apply to any action where the Planning Commission is required by law to take direct action.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.090 Zoning Administrator

Appointment. The Community Development Director is hereby designated as the Zoning Administrator who shall be primarily responsible for administering and enforcing this Title.
Interpretation. When necessary, the Zoning Administrator shall interpret the provisions of this Title, subject to general and specific policies established by the Planning Commission and City Council. Upon request, the Zoning Administrator shall make a written interpretation of the text of this Title pursuant to CZC 12.21.190.
Administrative Duties. The Zoning Administrator shall accomplish or cause to be accomplished all administrative actions required by this Title, including the giving of notice, holding of hearings, preparation of staff reports, and receiving and processing of appeals.
Appeal. Any person adversely affected by a final decision of the Zoning Administrator made in the exercise of the provisions of this Title may appeal that decision to the Board of Adjustment as provided in CZC 12.21.200.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.100 Development Review Committee

Created. A Development Review Committee is hereby created.
Purpose. The purpose of the Development Review Committee is to review proposed development within the City for compliance with applicable provisions of the General Plan, Zoning Code, Construction Codes, City Standards and Specifications, and Centerville Municipal Code.
Members. The Development Review Committee shall consist of persons representing City Departments, as may be designated by the City Manager, who are responsible for reviewing and coordinating development proposals, including, but not limited to the Zoning Administrator, Planner, Public Works Director, City Engineer and City Attorney.
Powers and Duties. The Development Review Committee shall act under the direction of the City Manager and shall have the following duties and responsibilities:
1. Before any development project is considered by the Planning Commission or City Council, the Development Review Committee shall review the proposed development plan to determine its consistency with the General Plan and other City policies, compliance with applicable provisions of this Title, the Construction Codes, the City Standards and Specifications, and the Centerville Municipal Code, and any applicable development agreements.
  1. Projects subject to the requirements of this Section shall include conditional use permits, site plans, condominiums, condominium conversions, and any other matter subject to the issuance of a permit under this Title.
  2. If, in the opinion of the Development Review Committee, the proposed project is consistent with the General Plan and other applicable City policies, complies with applicable Centerville Municipal Code requirements, and applicable development agreements, the Development Review Committee should so report to the Zoning Administrator. Where necessary, the Zoning Administrator should propose findings as recommended by the Development Review Committee for consideration by the Planning Commission and City Council.
  3. If, in the opinion of the Development Review Committee, a proposed project is not consistent with the General Plan or compliant with applicable Centerville Municipal Code requirements, policies, or development agreement, the Development Review Committee should report such conclusions to the Zoning Administrator and recommend any conditions of approval which would, in the opinion of the Development Review Committee, have the effect of making the proposed project consistent with the General Plan, compliant with applicable Centerville Municipal Code, or development agreement requirements. Where necessary, the Zoning Administrator should propose findings as recommended by the Development Review Committee for consideration by the Planning Commission and City Council.
2. Before any application for annexation or amendment to the General Plan, this Title, or CMC 15 (Subdivisions), or any other matter which involves discretionary authority by the City is considered by the Planning Commission or City Council, the Development Review Committee should make recommendations concerning such application.
3. The Development Review Committee may establish procedures for the preparation of agendas, the scheduling of meetings, and the conduct of meetings and field trips.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

2016-20

Centerville City Zoning Code

12.20 Decision

Making Bodies And Officials

12.20.010 Purpose

The purpose of this Chapter is to set forth the authority of decision making bodies and officials responsible for administering the provisions of this Title.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.020 Scope

The authority of the decision making bodies and officials set forth in this Chapter shall apply to the entirety of this Title, subject to its various provisions.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.030 Definitions

Certain words and phrases in this Chapter are defined in CZC 12.12 (Definitions).

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.040 City Council

Powers Not Enumerated in this Title. See City Council powers and duties set forth in CMC 3 (Adminstration).
Powers and Duties Related to this Title. In addition to the powers and duties of the City Council set forth in Subsection (a), in administering this Title the City Council shall have the powers and duties set forth below. Each of such powers and duties shall be exercised pursuant to the procedural and other applicable provisions of this Title.
1. Adopt, modify, or reject a proposed General Plan or any amendment thereto for all or part of the City and its surroundings;
2. Adopt, modify, or reject proposed amendments to the text of this Zoning Code and to the Zoning Map; and
3. Establish a fee schedule for applications required by provisions of this Title.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.050 Planning Commission

Established. A Planning Commission, consisting of seven members, is hereby established to exercise the powers and duties specified herein. Members of the Planning Commission shall serve without compensation, except for reasonable expenses incurred in performing their duties as members of the Commission.
Appointment and Terms of Office.
1. Planning Commission members shall be appointed by the Mayor with the advice and consent of the City Council.
  1. The terms of Planning Commission members shall be staggered. Each member of the Planning Commission shall serve for a term of three years and until a successor is appointed, provided that members may be appointed for terms shorter than three years when necessary to provide staggered terms.
  2. Planning Commission members may be reappointed for successive terms.
  3. The Mayor, with the advice and consent of the City Council, may remove any member of the Planning Commission at any time with or without cause.
  4. A vacancy occurring on the Planning Commission by reason of death, resignation, removal, disqualification or any other reason shall be promptly filled by a replacement appointed in the same manner as the original appointment for the remainder of the unexpired term of the replaced member.
2. In addition to the seven members of the Planning Commission, the Mayor, with the advice and consent of the City Council, may appoint two alternate Planning Commission members. The term, reappointment, removal, and vacancy of alternate Planning Commission members shall be the same as for regular Planning Commission members. Alternate members of the Planning Commission may serve on the Planning Commission in the absence of a Planning Commission member. The City Council shall make rules establishing a procedure for alternate members to serve in the absence of members of the Planning Commission.
3. Members and alternate members of the Planning Commission shall be deemed "volunteers" for purposes of City ordinances, rules, regulations and policies concerning personnel; provided, however, they shall be included in the definition of "employee" for purposes of the Utah Governmental Immunity Act as set forth in Utah Code §§ 63G-7-101, et seq.
Organization and Procedure. The Planning Commission shall be organized and exercise its powers and duties as follows:
1. Members of the Planning Commission shall select one of its members as chair to oversee the proceedings and activities of the Planning Commission.
  1. The chairperson shall serve for a term of one year.
  2. Members of the Planning Commission shall select one of its members as vice chair to act in the absence of the chair.
  3. The chair and vice chair may be re-elected for successive terms.
2. The Planning Commission may adopt policies and procedures, consistent with the provisions of this Title and applicable law, to govern the conduct of its meetings, the processing of applications, and for any other purposes considered necessary for the functioning of the Planning Commission. All such policies and procedures shall be submitted to the City Council for review and approval.
3. The Planning Commission shall meet on a regular day each month, as determined by the Planning Commission, and at such other times as the Planning Commission may determine. All meetings shall be properly noticed and held in accordance with the Utah Open and Public Meetings Act, as set forth in Utah Code §§ 52-4-101, et seq. The Planning Commission generally meets on the second and fourth Wednesday of each month.
4. No official business shall be conducted by the Planning Commission unless a quorum of its members is present. Four members of the Planning Commission shall constitute a quorum. The minimum number of yes votes required for the Planning Commission to take any action shall be the majority of members present, unless otherwise prescribed by law.
5. Decisions of the Planning Commission shall take effect on the date of the meeting or hearing where the decision is made, unless a different date is designated in the Commission's rules, or at the time the decision is made.
6. Except as otherwise provided by law, written minutes and a recording shall be kept of all public meetings of the Planning Commission in accordance with the provisions of the Utah Open and Public Meetings Act, including, but not limited to, Utah Code § 52-4-203 and § 52-4-206. Written minutes and recordings of Planning Commission meetings shall comply with policies and procedures adopted by the City Council regarding the approval of minutes for public bodies of the City. Approved minutes of all meetings of the Planning Commission 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 Utah Government Records and Access Management Act as set forth in Utah Code §§ 63G-2-101, et seq., and applicable provisions of the Utah Open and Public Meetings Act, as set forth in Utah Code §§ 52-4-101, et seq.
7. Pursuant to Utah Code § 10-3-606, the following rules of order and procedure shall govern public meetings of the Planning Commission (Rules of Order and Procedure).
  1. Parliamentary Order and Procedure. Planning Commission meetings shall be conducted in general accordance with Robert’s Rules of Order. The Planning Commission may adopt additional rules of order and procedure for the proper conduct of its meetings.
  2. Ethical Behavior. Members of the Planning Commission are officers or employees within the meaning of the Utah Municipal Officers’ and Employees’ Ethics Act, as set forth in Utah Code §§ 10-3-1301, et seq. Planning Commission members shall comply with the provisions of the Ethics Act in all matters pertaining to the City and in public meetings of the Planning Commission.
  3. Civil Discourse. Remarks and comments made in public meetings of the Planning Commission should be relevant to the matters before the Planning Commission. Speakers should speak in an audible and clear tone and refrain from attacking Planning Commission members or others or their motives. Planning Commission meetings should be conducted in a courteous manner. Planning Commission members should not interrupt other members during discussion and debate. Remarks should be addressed through the Planning Commission Chair who shall conduct the meeting in accordance with these policies.
Powers and Duties. The Planning Commission shall have all the powers and duties, explicit or implied, given planning commissions by Utah State law, including but not limited to the following. Each of such powers and duties shall be exercised pursuant to the procedural and other provisions of this Title.
1. Prepare and recommend a general plan and amendments to the general plan to the City Council, as provided in CZC 12.21.070;
2. Recommend zoning ordinances and maps, amendments to zoning ordinances and maps, to the City Council, as provided in CZC 12.21.080;
3. Administer applicable provisions of this Title;
4. Recommend subdivision regulations and amendments thereto to the City Council;
5. Recommend approval or denial of subdivision applications as provided in CMC 15 (Subdivisions);
6. Advise the City Council on matters requested by the City Council;
7. Hear and decide the approval or denial of conditional use permits, as provided in CZC 12.21.100;
8. Hear and decide the approval or denial of site plans, as provided in CZC 12.21.110;
9. Hear and decide any other matter that the City Council designates;
10. Prepare and recommend programs for public improvements and the financing thereof to the City Council; and
11. Exercise any other powers that are necessary to enable the Planning Commission to perform its function or that are delegated to it by the City Council.
Examinations and Surveys. The Planning Commission and its authorized agents may enter upon any land at reasonable times to make examinations and surveys as necessary to enable it to perform its function to promote City planning and development.
Appeal. Any person adversely affected by a final decision of the Planning Commission made in the exercise of the provisions of this Title may appeal that decision to the Board of Adjustment as provided in CZC 12.21.200.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.060 Board Of Adjustment

Established. In order to provide for just and fair treatment in the administration of this Title, and to ensure that substantial justice is done, a Board of Adjustment, consisting of five members, is hereby established to exercise the powers and duties specified herein. Members of the Board of Adjustment shall serve without compensation, except for reasonable expenses incurred in performing their duties as members of the Board of Adjustment.
Appointment and Terms of Office.
1. Board of Adjustment members shall be appointed by the Mayor with the advice and consent of the City Council.
  1. The terms of Board of Adjustment members shall be staggered. Each member of the Board of Adjustment shall serve for a term of five years and until a successor is appointed, provided that members may be appointed for terms shorter than five years when necessary to provide staggered terms.
  2. Board of Adjustment members may be reappointed for successive terms.
  3. The Mayor, with the advice and consent of the City Council, may remove any member of the Board of Adjustment at any time with or without cause.
  4. A vacancy occurring on the Board of Adjustment by reason of death, resignation, removal, disqualification or any other reason shall be promptly filled by a replacement appointed in the same manner as the original appointment for the remainder of the unexpired term of the replaced member.
2. In addition to the five members of the Board of Adjustment the Mayor, with the advice and consent of the City Council, may appoint two alternate Board of Adjustment members. The term, reappointment, removal, and vacancy of alternate Board of Adjustment members shall be the same as for regular Board of Adjustment members. Alternate members of the Board of Adjustment may serve on the Board of Adjustment in the absence of a regular Board of Adjustment member. If alternate members are appointed, the City Council shall make rules establishing a procedure for alternate members to serve in the absence of members of the Board of Adjustment.
3. Members and alternate members of the Board of Adjustment shall be deemed "volunteers" for purposes of City Ordinances, rules, regulations and policies concerning personnel; provided, however, they shall be included in the definition of "employee" for purposes of the Utah Governmental Immunity Act as set forth in Utah Code §§ 63G-7-101, et seq.
Organization and Procedure. The Board of Adjustment shall be organized and exercise its powers and duties as follows.
1. Members of the Board of Adjustment shall select one of its members as chair to oversee the proceedings and activities of the Board of Adjustment.
  1. The chair shall serve for a term of one year.
  2. Members of the Board of Adjustment shall select one of its members as vice chair to act in the absence of the chair.
  3. The chair and vice chair may be re elected for successive terms.
  4. The chair, or in the absence of the chair, the vice chair, may administer oaths and compel the attendance of witnesses.
2. The Board of Adjustment may adopt policies and procedures, consistent with the provisions of this Title and applicable law, to govern the conduct of its meetings, the processing of applications, and for any other purposes considered necessary for the functioning of the Board of Adjustment. All such policies and procedures shall be submitted to the City Council for review and approval.
3. The Board of Adjustment shall meet as necessary to consider matters within its jurisdiction. All meetings shall be properly noticed and held in accordance with the Utah Open and Public Meetings Act, as set forth in Utah Code §§ 52-4-101, et seq.
4. No official business shall be conducted by the Board of Adjustment unless a quorum of its members is present. Three members of the Board shall constitute a quorum. The concurring vote of three Board of Adjustment members is necessary to reverse any order, requirement, decision or determination of any administrative official or agency or to decide in favor of an appellant.
5. Decisions of the Board of Adjustment shall take effect on the date of the meeting or hearing where the decision is made, unless a different time is designated in the Board's rules, or at the time the decision is made.
6. Except as otherwise provided by law, written minutes and a recording shall be kept of all public meetings of the Board of Adjustment in accordance with the provisions of the Utah Open and Public Meetings Act, including, but not limited to, Utah Code § 52-4-203 and § 52-4-206. Written minutes and recordings of Board of Adjustment meetings shall comply with policies and procedures adopted by the City Council regarding the approval of minutes for public bodies of the City. Approved minutes of all meetings of the Board of Adjustment 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 Utah Government Records and Access Management Act, as set forth in Utah Code §§ 63G-2-101, et seq., and the Utah Open and Public Meetings Act, as set forth in Utah Code §§ 52-4-101, et seq.
Powers and Duties. The Board of Adjustment shall have all the powers and duties, explicit or implied, given such boards by Utah State law, including but not limited to the following. Each of such powers and duties shall be exercised pursuant to the procedural and other provisions of this Title.
1. Hear and decide appeals from zoning decisions applying the provisions of this Title, as provided in this Title, and in accordance with CZC 12.21.200;
2. Hear and decide appeals from Planning Commission decisions regarding conditional use permits, as provided in CZC 12.21.100;
3. Hear and decide appeals from Planning Commission decisions regarding site plans, as provided in CZC 12.21.110;
4. Hear and decide appeals from Planning Commission decisions regarding special exceptions, as provided in CZC 12.21.120;
5. Hear and decide variances from the terms of this Title, as provided in CZC 12.21.130; and
6. Hear and decide appeals regarding the existence, expansion, or modification of nonconformities, as provided in CZC 12.21.150.
Appeal. An appeal to the Board of Adjustment shall be made as provided in CZC 12.21.200.
Notice of Hearing. The Board of Adjustment shall fix a reasonable time for the hearing of each appeal, give public notice thereof and due notice to the parties in interest as provided in CZC 12.21.200.
Appearance. At the hearing of any matter, the parties affected may appear in person with or without an attorney.
Stay of Proceedings. An appeal to the Board of Adjustment shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board that by reason of facts stated in the appeal, a stay would, in his or her opinion, cause immediate peril to life or property. In such case, proceedings shall not be stayed except by a restraining order granted by the Board of Adjustment or by the district court upon application, notice, and due cause shown.
Appeal. Any person adversely affected by a final decision of the Board of Adjustment may petition the district court for a review of the decision as provided in Utah Code § 10-9a-801.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.070 Landmarks Commission

Established. A Landmarks Commission, consisting of five to seven members, is hereby established for the purpose of acting as the administrative authority for decisions or as an advisory and recommending body to the City Council, as provided in this Title, regarding historic assets within the City. Members of the Landmarks Commission shall:
1. Serve without compensation, except for reasonable expenses incurred in performing their duties as members of the Landmarks Commission; and
2. Have a demonstrated interest, competence or knowledge in historic preservation or architecture. To the extent available in the community, two Commission members shall be professionals from the disciplines of history, architecture, or architectural history as defined by National Park Service regulations.
Appointment and Terms of Office.
1. Landmarks Commission members shall be appointed by the Mayor with the advice and consent of the City Council.
  1. The terms of Landmarks Commission members shall be staggered. Each member of the Landmarks Commission shall serve for a term of three years and until a successor is appointed, provided that members may be appointed for terms shorter than three years when necessary to provide staggered terms.
  2. Landmarks Commission members may be reappointed for successive terms.
  3. The Mayor, with the advice and consent of the City Council, may remove any member of the Landmarks Commission at any time with or without cause.
  4. A vacancy occurring on the Landmarks Commission by reason of death, resignation, removal, disqualification or any other reason shall be promptly filled by a replacement appointed in the same manner as the original appointment for the remainder of the unexpired term of the replaced member.
2. Members of the Landmarks Commission shall be deemed "volunteers" for purposes of City ordinances, rules, regulations and policies concerning personnel; provided, however, they shall be included in the definition of "employee" for purposes of the Utah Governmental Immunity Act, as set forth in Utah Code §§ 63G-7-101, et seq.
Organization and Procedure. The Landmarks Commission shall be organized and exercise its powers and duties as follows:
1. Members of the Landmarks Commission shall select one of its members as chair to oversee the proceedings and activities of the Commission.
  1. The chair shall serve for a term of one year.
  2. The chair, with the advice and consent of the Landmarks Commission, shall appoint one member as alternate-chair to act in the absence of the chair.
  3. The chair and alternate-chair may be re-elected for successive terms.
2. The Landmarks Commission may adopt policies and procedures, consistent with the provisions of this Title and applicable law, to govern the conduct of its meetings, the processing of applications, and for any other purposes considered necessary for the functioning of the Commission.
3. The Landmarks Commission shall meet at least twice each year, as determined by the Commission and at such other times as the Commission may determine. All meetings shall be properly noticed and held in accordance with the Utah Open and Public Meetings Act, as set forth in Utah Code §§ 52-4-101, et seq.
4. No official business shall be conducted by the Landmarks Commission unless a quorum of its members is present. Recognizing the flexible number of members which may be appointed to the Landmarks Commission, a quorum shall consist of a majority of the appointed members on the Commission. The minimum number of yes votes required for the Landmarks Commission to take any action shall be a majority of members present at a duly called meeting with a quorum; provided, in no event shall the minimum number of votes required to take any action be less than three.
5. Decisions of the Landmarks Commission shall take effect on the date of the meeting or hearing in which the decision is made, unless a different time is designated in the Commission's rules, or at the time the decision is made.
6. The Landmarks Commission shall keep written minutes of its proceedings, in accordance with and to the extent required by the Utah Open and Public Meetings Act as set forth in Utah Code §§ 52-4-101, et seq.
  1. The Landmarks Commission shall transmit reports of its official acts and recommendations to the City Council.
  2. The minutes of all meetings of the Landmarks Commission shall be prepared and filed in the office of the City Recorder. All such records are public records and shall be available for public review and access in accordance with the Utah Government Records and Access Management Act, Utah Code §§ 63G-2-101, et seq.
Powers and Duties. The Landmarks Commission shall have all the powers and duties, explicit or implied, given under Utah law, including but not limited to the following. Each of such powers and duties shall be exercised pursuant to the procedural and other provisions of this Title.
1. Conduct or cause to be conducted a survey of the historic, architectural, and archaeological resources within the City. The survey shall be compatible with the Utah Inventory of Historic and Archaeological Sites. All survey and inventory documents shall be maintained and open to the public. The survey should be updated at least every 10 years.
2. Establish and maintain a Significant Historic Sites List, a Historic Landmark Register, and a Historic Area Register as provided in CZC 12.61 (Historic Buildings and Sites).
3. Review and comment to the State Historic Preservation Office on all proposed National Register nominations for historic assets within the boundaries of the City. When the Landmarks Commission considers a National Register nomination which is normally evaluated by professionals in a specific discipline and that discipline is not represented on the Commission, the Commission should seek expertise in this area before rendering its decision.
4. Act as an administrative authority for the City regarding the designation, preservation, modification and demolition of historic assets within the City.
5. Work toward the continuing education of citizens regarding historic preservation and Centerville's history.
6. Support the enforcement of State laws relating to historic preservation, including, but not limited to, Utah Code § 9-8-301, regarding the protection of Utah antiquities, and Utah Code § 9-8-401, regarding historic sites.
7. Exercise any other powers that are delegated to the Landmarks Commission by the City Council.
Funding for Commission. The Landmarks Commission shall be a voluntary organization whose operations may be funded by annual appropriations in the City budget and state, federal, corporate and private grants, donations or other contributions. The Landmarks Commission may solicit aid on a project-by project basis from the City during its regular budget preparation cycle by application submitted prior to March 15th of each year.
Examinations and Surveys. The Landmarks Commission and its authorized agents, after contacting the property owner, may enter upon any land at reasonable times to make examinations and surveys as necessary to enable it to perform its function to promote historic preservation or to perform its duties as set forth in this Chapter.
Appeal. Any person adversely affected by a final decision of the Landmarks Commission made in the exercise of the provisions of this Title may appeal that decision to the Board of Adjustment as provided in CZC 12.21.200.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.080 Planning Commission Referral

Referral to Staff. The Planning Commission may direct that any matter over which it has jurisdiction be referred to the staff of the Planning Commission for review and preparation of recommendations. Such action shall be taken either by motion of the Planning Commission or pursuant to duly adopted policies and procedures of the Planning Commission. The authority for such referrals may be revoked at any time by motion of the Planning Commission or amendment of its policies and procedures as the case may be.
Appointment of Hearing Officer. In the event a matter is referred to the Planning Commission staff which requires a public hearing, the City Manager shall appoint a hearing officer to conduct the hearing in accordance with applicable requirements of this Title.
Review and Recommendation. If a matter is referred to the Planning Commission staff as permitted by this Section, the staff shall conform to any instructions or limitations contained in the referral, and subject thereto shall review the referred matter, conduct any necessary hearings, and prepare written recommendations for the Planning Commission.
Decision. Unless the Planning Commission shall otherwise direct, any person who has applied for authorization to develop property under the terms of this Title may in writing consent to the staff recommendation and waive further action by the Planning Commission. If the applicant waives further action by the Planning Commission, the staff recommendation shall be considered approved by the Planning Commission. Thereafter, necessary permits may be issued subject to the terms of this Title and any applicable conditions of approval.
Limitation. This Section shall not apply to any action where the Planning Commission is required by law to take direct action.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.090 Zoning Administrator

Appointment. The Community Development Director is hereby designated as the Zoning Administrator who shall be primarily responsible for administering and enforcing this Title.
Interpretation. When necessary, the Zoning Administrator shall interpret the provisions of this Title, subject to general and specific policies established by the Planning Commission and City Council. Upon request, the Zoning Administrator shall make a written interpretation of the text of this Title pursuant to CZC 12.21.190.
Administrative Duties. The Zoning Administrator shall accomplish or cause to be accomplished all administrative actions required by this Title, including the giving of notice, holding of hearings, preparation of staff reports, and receiving and processing of appeals.
Appeal. Any person adversely affected by a final decision of the Zoning Administrator made in the exercise of the provisions of this Title may appeal that decision to the Board of Adjustment as provided in CZC 12.21.200.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016

12.20.100 Development Review Committee

Created. A Development Review Committee is hereby created.
Purpose. The purpose of the Development Review Committee is to review proposed development within the City for compliance with applicable provisions of the General Plan, Zoning Code, Construction Codes, City Standards and Specifications, and Centerville Municipal Code.
Members. The Development Review Committee shall consist of persons representing City Departments, as may be designated by the City Manager, who are responsible for reviewing and coordinating development proposals, including, but not limited to the Zoning Administrator, Planner, Public Works Director, City Engineer and City Attorney.
Powers and Duties. The Development Review Committee shall act under the direction of the City Manager and shall have the following duties and responsibilities:
1. Before any development project is considered by the Planning Commission or City Council, the Development Review Committee shall review the proposed development plan to determine its consistency with the General Plan and other City policies, compliance with applicable provisions of this Title, the Construction Codes, the City Standards and Specifications, and the Centerville Municipal Code, and any applicable development agreements.
  1. Projects subject to the requirements of this Section shall include conditional use permits, site plans, condominiums, condominium conversions, and any other matter subject to the issuance of a permit under this Title.
  2. If, in the opinion of the Development Review Committee, the proposed project is consistent with the General Plan and other applicable City policies, complies with applicable Centerville Municipal Code requirements, and applicable development agreements, the Development Review Committee should so report to the Zoning Administrator. Where necessary, the Zoning Administrator should propose findings as recommended by the Development Review Committee for consideration by the Planning Commission and City Council.
  3. If, in the opinion of the Development Review Committee, a proposed project is not consistent with the General Plan or compliant with applicable Centerville Municipal Code requirements, policies, or development agreement, the Development Review Committee should report such conclusions to the Zoning Administrator and recommend any conditions of approval which would, in the opinion of the Development Review Committee, have the effect of making the proposed project consistent with the General Plan, compliant with applicable Centerville Municipal Code, or development agreement requirements. Where necessary, the Zoning Administrator should propose findings as recommended by the Development Review Committee for consideration by the Planning Commission and City Council.
2. Before any application for annexation or amendment to the General Plan, this Title, or CMC 15 (Subdivisions), or any other matter which involves discretionary authority by the City is considered by the Planning Commission or City Council, the Development Review Committee should make recommendations concerning such application.
3. The Development Review Committee may establish procedures for the preparation of agendas, the scheduling of meetings, and the conduct of meetings and field trips.

HISTORY
Adopted by Ord. 2016-20 on 7/15/2016