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Farmington City Zoning Code

CHAPTER 3

PLANNING COMMISSION

11-3-010: PLANNING COMMISSION:

There is hereby created, pursuant to Utah Code Annotated sections 10-20-301 et seq., as amended, a planning commission of the city to recommend and monitor the planning and development of the city, whose primary duty shall be to act as an advisory commission to the city council on all matters pertaining to planning and zoning. The planning commission shall be known and may be referred to as the Farmington City planning commission. (Ord. 1997-55, 11-19-1997; amd. 2016 Code; Ord. 2025-52, 12-9-2025)

11-3-020: MEMBERS:

   A.   Number: The planning commission shall be comprised of seven (7) members, who shall be appointed by the mayor with the advice and consent of the city council.
   B.   Terms: The members shall be appointed to staggered terms of four (4) years; provided, that members may be appointed to terms shorter than four (4) years when necessary to provide for staggered terms and efficient operation of the commission. Members may be reappointed for successive terms.
   C.   Alternate Members: Two (2) alternate members may be appointed by the mayor, with the advice and consent of the city council. An alternate member may take the place and serve in the same capacity as a regular member in the event that a regular member is absent from a meeting. Alternate members shall serve for terms of one year, which may be renewed annually at the discretion of the mayor, with the advice and consent of the city council.
   D.   Removal: The members shall serve at the pleasure of the city council, and the mayor may remove any member of the planning commission upon majority vote of the city council, with or without cause.
   E.   Vacancy: A vacancy occurring on the planning commission by reason of death, resignation, removal or disqualification, shall be promptly filled by a replacement appointed by the mayor, with the advice and consent of the city council, for the unexpired term of the replaced member.
   F.   Compensation: The city council may fix per diem compensation for the members of the planning commission, based upon necessary and reasonable expenses and on meetings actually attended by the members. (Ord. 2007-08, 2-6-2007)
   G.   Status: The members 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 Annotated section 63G-7-101 et seq., as amended. (Ord. 2007-08, 2-6-2007; amd. 2016 Code)

11-3-030: ORGANIZATION AND PROCEDURE:

The planning commission shall be organized and exercise its powers and duties as follows:
   A.   Chair: The planning commission shall elect one of its members as chair to oversee the proceedings and activities of the planning commission and one of its members to act as vice chair to assist the chair and to act as chair in the event the chair is unable to attend a meeting or act for any reason. The chair and vice chair shall serve for a term of one year. The chair or vice chair acting as the chair shall have the power to vote on all matters. The chair and vice chair may be elected for successive terms.
   B.   Rules: The Planning Commission may adopt reasonable policies and procedures for governing the conduct of its meetings, the processing of applications, and for any other purposes considered necessary for the functioning of the Planning Commission. Such policies and procedures shall be approved by the City Council before taking effect.
   C.   Meetings: The Planning Commission shall generally meet in person but may conduct an electronic meeting on the first and third Thursday of each month at the hour of seven o'clock (7:00) P.M., and/or such other times as deemed necessary by the Chair, City Manager or City Council. All meetings shall be properly noticed and held in accordance with the Open Meetings Law set forth in Utah Code Annotated title 52, chapter 4, as amended. Written minutes of all meetings of the Planning Commission shall be prepared and filed in the Office of the City Recorder for review and access by the public in accordance with the City government records access and management ordinance.
   D.   Quorum: No official business shall be conducted by the Planning Commission unless a quorum of the members is present. Four (4) members of the Planning Commission shall constitute a quorum. While participation in person is preferred, members may also participate remotely via electronic communication as necessary. Unless otherwise provided by law or City ordinance, the minimum number of yes votes required for the Planning Commission to take action on any matter shall be by majority vote of the members of the quorum present. The concurring vote of four (4) members is necessary to reverse any order, requirement, decision or determination of any administrative official or agency or to decide in favor of the appellant. (Ord. 1997-55, 11-19-1997; amd. Ord. 2022-13, 3-15-2022)

11-3-040: FUNCTIONS AND DUTIES:

It shall be the function of the Planning Commission to oversee the proper development of property within the City in accordance with pertinent City ordinances and provisions of Utah Code Annotated title 10, chapter 9a, as amended. The duties of the Planning Commission shall include, but shall not be limited to, the following: (Ord. 1997-55, 11-19-1997; amd. 2016 Code)
   A.   Prepare and recommend a General Plan, street plan, zoning map, zoning ordinances, and any other relevant proposals or recommendations to the City Council for the proper development of property within the City;
   B.   Prepare and recommend any additions, changes or amendments to the City's General Plan, street plan, zoning map, zoning ordinances or other relevant items to the City Council for the proper development of the City;
   C.   Administer the provisions of the zoning ordinances;
   D.   Recommend subdivision ordinances and regulations and amendments thereto to the City Council;
   E.   Review non-conventional subdivision applications;
   F.   Advise the City Council on matters requested by the City Council;
   G.   Hear or decide any matter that the City Council designates, including the approval or denial of, or recommendations to approve or deny, conditional use permits;
   H.   Prepare and recommend programs for public improvements and the financing thereof to the City Council; and
   I.   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. (Ord. 1997-55, 11-19-1997; amd. Ord. 2023-66, 11-16-2023)

11-3-045: SPECIAL EXCEPTIONS:

   A.   A special exception is:
      1.   An activity or use incidental to or in addition to a principal use permitted in a zoning district;
      2.   An adjustment to a fixed dimension standard permitted as an exception to the requirements of this title;
      3.   A transfer of development right (TDR), or rights, established because of blight which results in an additional lot, or lots, or a dwelling unit, or units;
      4.   An adaptive reuse of a building or structure eligible, or that may be eligible, for the National Register of Historic Places so long as the adaptive reuse does not compromise such eligibility; or
      A special exception requires careful review of such factors as location, design, configuration and/or impacts to determine the desirability of authorizing its establishment on any given site. This section sets forth procedures for considering and approving special exceptions to the provisions of this title.
   B.   Authority: When expressly provided for under the provisions of this title, the Planning Commission is authorized to approve special exceptions to the provisions of this title in accordance with the terms and provisions set forth in this section. When pertaining to an adjustment to the height of a building, the Planning Commission may authorize an adjustment of up to twenty percent (20%) of the prescribed requirement.
   C.   Initiation: A property owner, or the owner's agent, may request a special exception to the provisions of this title in accordance with the procedures set forth herein.
   D.   Procedure: An application for a special exception shall be considered and processed as follows:
      1.   A complete application shall be submitted to the Zoning Administrator in a form established by the City along with any fee established by the City's fee schedule. The application shall include at least the following information:
         a.   The name, address and telephone number of the applicant and the applicant's agent, if any.
         b.   The address and parcel identification of the subject property.
         c.   The zone, zone boundaries and present use of the subject property.
         d.   A complete description of the proposed special exception.
         e.   A plot plan showing the following:
            (1)   Applicant's name;
            (2)   Site address;
            (3)   Property boundaries and dimensions;
            (4)   Layout of existing and proposed buildings, parking, landscaping and utilities; and
         (5)   Adjoining property lines and uses within one hundred feet (100') of the subject property.
         f.   Such other and further information or documentation as the Zoning Administrator may deem necessary for a full and proper consideration and disposition of a particular application.
      2.   After the application is determined to be complete, the Zoning Administrator shall schedule a public hearing before the Planning Commission, except in cases of driveway width and building height, where no public hearing shall be required. Notice of public hearings shall be given as required by law and according to policies established by the commission. The Planning Commission shall take action on the application within a reasonable time after the filing of a complete application.
      3.   A staff report evaluating the application shall be prepared by the Zoning Administrator.
      4.   The Planning Commission shall hold a public hearing, except as provided in D.2. above, and thereafter shall approve, approve with conditions or deny the application pursuant to the standards set forth in subsection E of this section. Any conditions of approval shall be limited to conditions needed to conform to the special exception to approval standards.
      5.   After the Planning Commission makes a decision, the Zoning Administrator shall give the applicant written notice of the decision.
      6.   A record of all special exceptions shall be maintained in the Office of the Zoning Administrator.
   E.   Approval Standards: The following standards shall apply to the approval of a special exception:
      1.   Conditions may be imposed as necessary to prevent or minimize adverse effects upon other property or improvements in the vicinity of the special exception, upon the City as a whole, or upon public facilities and services. These conditions may include, but are not limited to, conditions concerning use, construction, character, location, landscaping, screening, parking and other matters relating to the purposes and objectives of this title. Such conditions shall be expressly set forth in the motion authorizing the special exception.
      2.   The Planning Commission shall not authorize a special exception unless the evidence presented establishes the proposed special exception:
         a.   Will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity;
         b.   Will not create unreasonable traffic hazards; and
      c.   Is located on a lot or parcel of sufficient size to accommodate the special exception.
   F.   Effect Of Approval: A special exception shall not authorize the establishment of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any approvals or permits that may be required by this title or other applicable provisions of this Code.
   G.   Amendments: The procedure for amending a special exception shall be the same as the original procedure set forth in this section.
   H.   Expiration: Subject to an extension of time, a special exception which is not exercised within one hundred eighty (180) days shall expire and have no further force or effect. (Ord. 2002-48, 12-11-2002; amd. Ord. 2018-11, 3-6-2018; Ord. 11-12-2019; Ord. 2021-13, 5-18-2021; Ord. 2022-8, 1-18-2022; Ord. 2025-37, 7-15-2025; Ord. 2025-51, 12-9-2025)

11-3-050: APPEALS:

Any interested person aggrieved of a final decision of the Planning Commission may appeal such decision in accordance with the procedures set forth in chapter 4 of this title regarding rights of appeal. (Ord. 1997-55, 11-19-1997)