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Delta City Zoning Code

18.12 PLANNING

COMMISSION

18.12.010 ESTABLISHMENT OF PLANNING COMMISSION

There is created a Planning Commission to be composed of eight (8) members, one of which is a representative of the City Council, who are appointed by the Mayor with the advice and consent of the City Council from among qualified electors of the City in a manner providing balanced geographic, professional, neighborhood and community interest representation. The planning commission may also consist of up to two (2) alternate members that may vote in the absence of the eight (8) members.

HISTORY
Amended by Ord. 2022-299 on 11/16/2022

18.12.020 APPOINTMENT; TERM; REMOVAL

  1. Membership; Compensation:
    1. Members of the Planning Commission, including alternates, shall be appointed by the Mayor of Delta City with the advice and consent of the City Council from among qualified electors of the City. Planning Commission members, including alternates, may, but are not required, to be paid an amount at a rate as determined by resolution of the City Council. Members may receive reimbursement of reasonable expenses.
    2. If the City Council fails to pass or rescinds a resolution providing for compensation of Planning Commission members, members shall serve without pay. The members of the Delta City Planning Commission as presently constituted shall be appointed to continue in office for their present terms. One of the members so appointed to the Planning Commission shall be appointed from among the members of the City Council. The City Council members of the Planning Commission may be paid at a different rate and amount than the other Planning Commission members, including possibly receiving no pay for the Council Member's service on the Planning and Zoning Commission, as determined by resolution of the City Council.
  2. Vacancy: 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. (Ord. 18-277, 2-15-2018)
  3. Term: The term of office for the designated member of the City Council shall be as determined by the Mayor with the advice and consent of the City Council. The terms of office for the appointive members of the Planning Commission shall be for a term of four (4) years in continuation of the present terms of office. Any person appointed to fill a vacant position on the Planning Commission shall serve for the remainder of the term of the person replaced.
  4. Officers; Quorum:
    1. There shall be a member of the Planning Commission designated as the Chairman by the Mayor, with the advice and consent of the City Council. The designation of the Chairman shall be reviewed by the Mayor annually. The Chairman shall be a voting member of the Planning Commission.  
    2. The Planning Commission shall, in the absence of the Chairman, or any period during which the Chairman is unable, fails or refuses to act, select a Vice-Chairman who shall serve as Chairman during the period of such absence, inability, refusal or failure to act. 
    3. The Chairman or Vice-Chairman shall always be voting members of the Planning Commission.
    4. Three members of the Planning Commission and the Chairman or Vice-Chairman shall constitute a quorum for action of the Planning Commission.
    5. The Chairman or Vice-Chairman shall always be allowed to vote. 
    6. A majority of the voting members present at a meeting at which a quorum is present shall be required for any action to pass. An alternate member, or members, may be counted as part of the membership for a quorum

  5. Rules and Procedures: The Planning Commission may adopt such rules of procedure as are necessary for the conduct of business in Planning Commission meetings.
  6. Removal: The Mayor of Delta City may remove any member of the Planning Commission Such rules may not conflict with this section. for cause, provided that the member be afforded an appeal to the City Council, if such appeal is filed with the City Recorder within 15 days of removal. "Cause" shall expressly include, but is not limited to, failing to attend three consecutively scheduled meetings of the Planning and Zoning Commission. (Ord. 18-277, 2-15-2018)
HISTORY
Amended by Ord. 19-278 on 3/6/2019
Amended by Ord. 2022-299 on 11/16/2022

18.12.030 POWERS AND DUTIES

The Planning Commission shall:

  1. Prepare and recommend a General Plan and amendments to the General Plan to the City Council;
  2. Prepare and recommend land use ordinances, zoning maps and amendments to zoning ordinances and maps to the City Council;
  3. Administer provisions of the zoning ordinance, where specifically provided for in the zoning ordinance;
  4. Prepare and recommend subdivision ordinances and amendments to those subdivision ordinances to the City Council that regulates the subdivision of land in the City;
  5. Recommend approval or denial of subdivision applications as provided by City ordinances;
  6. Approve or deny conditional use permit applications made to Delta City;
  7. Recommend an Appeal Authority for the City to the City Council;
  8. Advise the City Council on matters as the City Council directs and hear or decide any matters that the City Council designates, including those powers authorized by State law;
  9. Conduct such public hearings as are required by law or as may be deemed necessary by the Planning Commission;
  10. Exercise any other powers that are necessary to enable the Planning Commission to perform its functions or delegated to it by the City Council and that is authorized by Utah law. (Ord. 18-277, 2-15-2018)

18.12.040 ORGANIZATION

  1. Meetings; Records: Meetings of the commission shall be held at the call of the Chairperson and at such times as the Planning Commission may determine. The Planning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the Office of the City Recorder, which shall be the Office of the Planning Commission, and shall be a public record.
  2. Meetings: The Planning Commission shall meet as necessary and at such times as the Planning Commission may determine. Meetings shall be held at the City offices or at such other reasonable location(s) within the City as the Planning Commission may adjourn from time to time. Meetings shall be held in accordance with the provisions of Utah Code 52-4, as amended, Open and Public Meetings, or any successor statute enacted in its place.
HISTORY
Amended by Ord. 2022-299 on 11/16/2022

2022-299

19-278