The decision making bodies and officials identified within this title have responsibilities for implementing and administering the county general plan and this title. Other county departments, bodies and officials may have specific responsibilities related to the general plan and are identified when appropriate. (1998 Code § 17.04.010)

The board of county commissioners ("county commission") shall have the following powers and duties:

   A.   To adopt the county general plan and all elements of the general plan;

   B.   To initiate amendments to the county general plan, and all elements of the general plan;

   C.   To approve, deny, or to amend and approve applications for development approval and amendments to this title and map;

   D.   To render, or to appoint a hearing officer to render, a determination pursuant to the provisions of this title, if an applicant asserts a deprivation of, or has been subject to, a taking of property without just compensation or asserts some other invalidity by the passage of this title;

   E.   To establish a fee schedule by resolution for applications for development approval, zone district amendments and all other approvals, permits and licenses required by this title;

   F.   To designate and appoint an administrative official to decide routine and uncontested matters which otherwise would be heard by the board of adjustment;

   G.   To act as the appeal authority to hear appeals of final decisions of the planning commission for conditional use permits;

   H.   To take such other action not expressly delegated to the zoning administrator, planning commission or the board of adjustment that may be desirable and necessary to implement the provisions of the county general plan; and

   I.   Revocation of building permits. (1998 Code § 17.04.020)

   A.   Creation; Statute Authority: There is hereby created and established a county planning commission per Utah Code Annotated section 17-27a-301 et seq. (1998 Code § 17.04.031)

   B.   Powers And Duties: The planning commission shall be an advisory body to the county commission pertaining to the county land use development and management act, Utah Code Annotated title 17, chapter 27a. The planning commission shall have the following powers and duties:

      1.   Prepare and recommend a general plan and amendments thereto to the county commission;

      2.   Recommend zoning ordinances and maps, and amendments thereto to the county commission;

      3.   Recommend subdivision regulations and amendments thereto to the county commission;

      4.   Recommend approval or denial of final subdivision plat applications to the county commission;

      5.   Advise the county commission on matters as the county commission may direct;

      6.   Decide land use matters as directed by the county commission, including the approval or denial of conditional use permit applications 1 ;

      7.   Recommend an appropriate delegation of power to at least one designated land use authority to hear and act on a land use application;

      8.   Recommend an appropriate delegation of power to at least one designated land use authority to hear and act on an appeal from a decision of the land use authority;

      9.   Recommend application processes that:

         a.   May include designation of routine land use matters that, upon application and proper notice, will receive informal streamlined review and action if the application is uncontested; and

         b.   Protect the rights of each:

            (1)   Land use applicant and adversely affected party to require formal consideration of any application by a land use authority;

            (2)   Land use applicant or adversely affected party to appeal a land use authority's decision to a separate appeal authority; and

            (3)   Participant to be heard in each public hearing on a contested application. (1998 Code § 17.04.032)

         c.   Required Public Hearings: Before making a recommendation to the county commission on an item described in subsection B (1-4) above, the planning commission shall hold a public hearing in accordance with section 17-27a-404 of the Utah Code.

         d.   The county commission may adopt, modify or reject the planning commission's recommendation.

         e.   The county commission may consider the planning commission's failure to make a timely recommendation as a negative recommendation.

   C.   Qualifications For Membership: Members of the planning commission shall be appointed by the county commission from the qualified electors of the county. (1998 Code § 17.04.033)

   D.   Membership; Appointment, Removal, Terms And Vacancies:

      1.   The planning commission shall be composed of seven (7) members, appointed by the county commission from among the qualified electors, representing the county as follows: one member each from the following areas: Fruitland, Tabiona, Duchesne, Upper Country, Neola, Roosevelt-Myton, and the county at large.

      2.   The county commission, after finding cause, may remove any member of the planning commission for violation of this title or any policies or procedures adopted by the planning commission following receipt of a written complaint filed against the member. The county commission shall provide the member with a hearing, if requested.

      3.   Members of the planning commission may be compensated on a per diem basis, based upon meetings actually attended and reasonable and necessary expenses, as determined by the county commission.

      4.   All members shall serve a term of four (4) years. No member shall serve more than two (2) consecutive terms.

      5.   At an annual organizational meeting, the members of the planning commission shall elect one of their members as chair and one of their members as vice chair. In the absence of the chair, the vice chair shall act as chair and shall have all powers of the chair. The chair shall serve a term of one year. No member shall serve as chair for more than two (2) consecutive years.

      6.   The chair, or in the chair's absence the vice chair, shall be in charge of all proceedings before the planning commission and shall take such action as shall be necessary to preserve order and the integrity of all proceedings before the planning commission. (1998 Code § 17.04.034)

   E.   Recording Secretary: The county commission appoints the office specialist of the planning, zoning and community development department to act as the recording secretary to serve the planning commission. The recording secretary shall keep the minutes of all proceedings of the planning commission, which minutes shall be the official record of all proceedings before the planning commission, attested to by a majority vote of the members of the commission. The Recording Secretary shall maintain all records of Planning Commission meetings, hearings and proceedings and handle the correspondence of the Planning Commission. (1998 Code § 17.04.035)

   F.   Quorum And Necessary Vote: No meeting of the Planning Commission may be called to order, nor may any business be transacted, without a quorum consisting of at least four (4) members of the Planning Commission being present (no more than 1 of which may be present via electronic means such as a conference call). The Chair or Vice Chair shall be included for purposes of establishing a quorum and shall act as a voting member of the Planning Commission. All actions shall require the vote of a majority of the total members of the Planning Commission being present.

   G.   Meetings, Hearings And Procedure:

      1.   The Planning Commission shall establish a regular meeting schedule. This shall be noticed on the County Administrative Building bulletin board, and during December of each year, the subsequent year's scheduled meetings shall be published in the local paper.

      2.   Special meetings may be requested by the County Commission, the Chair of the Planning Commission or the Planning Director.

      3.   If a matter is postponed due to lack of a quorum, the Chair shall reschedule the matter to the next available Planning Commission meeting. The Recording Secretary shall notify interested parties and all members of the Planning Commission of the date of the continued meeting.

      4.   The Planning Commission follows "Robert's Rules of Order", tenth edition, for parliamentary procedure and order. A copy of these rules is available for review at the County Administration Building. The following rules of order and procedure are to be read by the Planning Commission Chair at the start of public meetings:

         a.   The Planning Commission will open public hearings today to consider the matters listed on the agenda.

         b.   State law designates these hearings as "quasi-judicial" hearings; therefore, "courtroom style" decorum is expected. Planning Commission ex parte (prehearing) contacts must be disclosed. Pursuant to Utah Code section 17-27a-301 requirements for ethical behavior, are there any members of the commission who wish to announce prehearing contacts, site visits or conflicts of interest?

         c.   The hearings will be conducted as follows:

            (1)   Staff will present a report that includes applicable ordinance criteria and standards for the matter under consideration in the application. Staff will make a recommendation whether the request should be approved, approved with conditions or denied.

            (2)   The Chair will accept testimony relating to the application. The Chair may state a time limit for testimony. To be most effective, testimony should be directed toward the applicable ordinance criteria.

            (3)   The proceedings are being recorded and will be transcribed to written minutes. Thus, only one person should be speaking at a time.

            (4)   When testifying, please step to the podium and state your name and mailing address.

            (5)   To ensure compliance with Utah Code section 17-27a-301 requirements for civil discourse, the audience shall remain quiet while the hearing is in progress. The Planning Commission may remove persons from the meeting if they create a disruption to the orderly conduct of the meeting. Unacceptable conduct includes the utterance of loud, threatening or abusive language, whistling, clapping, booing or similar disruptive acts.

            (6)   The applicant will be invited to speak first, followed by proponents, then by opponents, and then by any parties neutral to the application. Proponents, then opponents, will be provided an opportunity to clarify any issues or to rebut testimony.

            (7)   Members of the Planning Commission may ask questions of the staff or hearing participants at any time. The Chair will then close the hearing or continue the hearing to a specified time and place.

            (8)   All decisions must be based on findings from the staff report or evidence and testimony received which relate to the criteria of the land use decision.

            (9)   Decisions of the planning commission may be appealed to the Duchesne County commission within ten (10) days. (Ord. 12-305, 11-19-2012; amd. Ord. 18-365, 6-11-2018; Ord. 20-378, 8-24-2020)

   A.   Creation; Statute Authority: There is hereby created and established an appeal authority known as the county board of adjustment, per Utah Code Annotated section 17-27a-701 et seq. (1998 Code § 17.04.041)

   B.   Powers And Duties:

      1.   The board of adjustment shall hear and decide:

         a.   Appeals from final administrative decisions of the zoning administrator applying the provisions of this title;

         b.   Variances from the terms of this title;

         c.   Interpretations of a zoning district boundary line;

         d.   Requests for the issuance of a building permit authorizing the reconstruction, remodeling, expansion or enlargement of a nonconforming building, structure or land use;

         e.   Building permit denials based upon a failure to comply with a zoning or subdivision ordinance requirement providing the applicant presents:

            (1)   Evidence of Tri-County health department approval;

            (2)   Evidence that the property is served by a deeded right of way (at least 33 feet wide) from an existing county road or state highway;

            (3)   A record of survey.

      2.   The board of adjustment shall not have power, jurisdiction or authority to consider any of the following:

         a.   Variances to any of the standards governing approval of subdivisions, conditional use permits, supplementary regulations as established herein, Tri-County health department, or building permit requirements; or

         b.   Variances of unreasonable hardship if the hardship is self- imposed or economic. (1998 Code § 17.04.042)

   C.   Qualifications For Membership: Members of the board of adjustment shall be appointed by the county commission from the qualified electors of the county. (1998 Code § 17.04.043)

   D.   Membership; Appointment, Removal, Terms And Vacancies:

      1.   The board of adjustment shall be composed of five (5) members.

      2.   Members of the board of adjustment may be compensated on a per diem basis, based upon meetings actually attended and reasonable and necessary expenses, as determined by the county commission.

      3.   All members shall serve a term of five (5) years. No member shall serve more than two (2) consecutive terms.

      4.   The county commission, after finding cause, may remove any member of the board of adjustment for violation of this title or any policies or procedures adopted by the board of adjustment following receipt of a written complaint filed against the member, or other misconduct determined by the commissioners. The county commission shall provide the member with a hearing, if requested.

      5.   At an annual organizational meeting, the members of the board of adjustment shall elect one of their members as chair and one of their members as vice chair. In the absence of the chair, the vice chair shall act as chair and shall have all powers of the chair. The chair and vice chair shall serve a term of one year. No member shall serve as chair for more than two (2) consecutive years.

      6.   The chair, or in the chair's absence the vice chair of the board of adjustment, may administer oaths, shall be in charge of all proceedings before the board of adjustment, and shall take such action as shall be necessary to preserve order and the integrity of all proceedings before the board of adjustment. (1998 Code § 17.04.044)

   E.   Recording Secretary: The county commission appoints the office specialist of the planning, zoning and community development department to act as the recording secretary to serve the board of adjustment. The recording secretary shall keep the minutes of all proceedings of the board of adjustment, which minutes shall be the official record of all proceedings before the board of adjustment, attested to by a majority of the members of the board of adjustment voting. The recording secretary shall maintain all records of board of adjustment meetings, hearings and proceedings and handle the correspondence of the board of adjustment. (1998 Code § 17.04.045)

   F.   Necessary Vote: All actions shall require a vote of a majority of the members of the board present at a meeting at which a quorum (3 members) is present. (1998 Code § 17.04.046)

   G.   Meetings, Hearings And Procedure:

      1.   Regular meetings of the board of adjustment shall be held as required.

      2.   Special meetings may be requested by the county commission, the chair of the board of adjustment or the zoning administrator.

      3.   If a matter is postponed due to a lack of a quorum, the chair of the board of adjustment shall reschedule the matter to the next available meeting. The recording secretary shall notify all interested parties and all members of the board of adjustment of the date of the meeting. (1998 Code § 17.04.047)

The county commission appoints the director of planning, zoning and community development department, who may further designate a representative, to carry out the responsibilities of the zoning administrator. It is the responsibility of the zoning administrator to ensure all processes, procedures and other provisions of this title are consistently and equitably applied and to effect the general administration and enforcement of this title. (1998 Code § 17.04.050)

The staff of the county planning, zoning and community development department shall perform the planning functions of the county and shall provide recommendations on all amendments to the general plan and all applications for development approval, permits, licenses and appeals, and shall perform all such other functions as may be requested by the county commission, the planning commission and board of adjustment, as authorized. In addition, the county surveyor shall serve as an ex officio or advisory member of the board of adjustment. Other county departments and staff shall provide additional support and assistance to the board of county commissioners, planning commission and board of adjustment as required. (1998 Code § 17.04.060)

The zoning administrator, any member of the planning commission or the board of adjustment, the building official, inspector or staff, or planning and zoning staff officials of the county who act in good faith and without malice in the discharge of their duties within the official capacity provided by this title and title 9 of this code, are relieved of all personal liability for any damage that may accrue to persons or property as a result of such acts or alleged failure to act. Further, the official shall not be held liable for any costs in any action, suit or proceedings that may be instituted by the official in the enforcement of this title and title 9 of this code. Defense costs and insurance shall be the responsibility of the county. (1998 Code § 17.04.070)

All meetings and hearings of the county commission, planning commission and board of adjustment shall comply with the provisions of this title and Utah Code Annotated. At least fourteen (14) days' notice shall be provided for all public hearings required by this title. (1998 Code § 17.04.080)