This Section hereby establishes a Planning Commission within the incorporated areas of Hatch Town. The establishment of the Planning Commission shall be in accordance with the policies and procedures as set forth in UCA 10-9a-301. (Ord. 2021-05, 10-20-2021)

The Planning Commission shall consist of five members and up to three alternate members appointed by the Town Council. Alternate members may fill the position of any absent or excused regular member and shall have all the duties and powers of regular members when filling in. Alternates who are not filling in for regular members may still participate in planning commission meetings, but may not vote. (Ord. 2021-05, 10-20-2021)

The terms of office for the members of the Planning Commission shall be two years. Members shall be permitted to be removed for cause upon written charges and after a public hearing before the Town Council, if such a hearing is requested. (Ord. 2021-05, 10-20-2021)

Members shall be appointed and approved by the Town Council. The terms of office for the Planning Commission members shall be staggered at intervals so as to provide continuity in policy and personnel. Members of the Planning Commission shall be residents of Hatch Town. (Ord. 2021-05, 10-20-2021)

The Town Council may appoint members to fill any unexpired terms of any regular or alternate members who vacate their positions for any reason. Planning Commission members may be removed from their position for cause by the Town Council. "Cause" includes, but is not limited to, moving out of the Town limits, failing to attend Planning Commission meetings or committing any act inimical to public service. (Ord. 2021-05, 10-20-2021)

The members of the Planning Commission, whether regular or alternate members, shall serve without compensation except for the reimbursement of actual expenses incurred as approved by the Town Council. The Town Council may elect to provide compensation to the chairperson. (Ord. 2021-05, 10-20-2021)

The Planning Commission shall elect from its membership a chairperson and a vice chairperson. The Planning Commission shall establish and adopt rules and procedures for its organization and transaction of business and shall keep a public record of its proceedings.

A secretary to assist the Planning Commission shall be appointed by the Town Council. The secretary shall keep minutes of the Planning Commission meetings for public record and conduct all correspondence, including the notification of decisions. The secretary shall certify records. The secretary shall prepare and submit the minutes of Planning Commission meetings to the Zoning Administrator and the Planning Commission. The Town Council may elect to provide compensation to the secretary. (Ord. 2021-05, 10-20-2021)

A quorum shall consist of at least three members. Evidence shall not be presented unless a quorum is present. A majority vote shall be constituted of at least a majority of members present. If a majority vote cannot be obtained among the quorum, the item of business will be tabled until the next regular meeting of the Hatch Town Planning Commission. (Ord. 2021-05, 10-20-2021)

   A.   The Planning Commission shall, with respect to the incorporated areas of Hatch Town, review and approve, approve with modifications or deny:

      1.   Any construction of a dwelling, commercial building or any other structure;

      2.   Any application for a business license.

   B.   The Planning Commission shall, with respect to the incorporated areas of Hatch Town, review and make a recommendation to the Town Council for:

      1.   A general plan and amendments to the general plan;

      2.   Land use regulations, including:

         a.   Land use regulations regarding the use of land within the Town; and

         b.   Amendments to existing land use regulations; and

      3.   Conditional use permits.

   C.   Before making a recommendation to the Town Council on an item described in this Section, the Planning Commission shall hold a public meeting and public hearing, if applicable, in accordance with UCA 10-9a-2.

      1.   For proposed zoning map amendments, the Planning Commission shall:

         a.   Send a courtesy notice to each owner of private real property whose property is located entirety or partially within a proposed zoning map amendment in accordance with UCA 10-9a-205.4; and

         b.   Send a separate courtesy notice to each owner of private real property whose property is located within five hundred (500) feet from a proposed zoning map amendment.

   D.   General Plan. It shall be the duty of the Planning Commission, after holding public hearings, to assist in the creation of and recommend to the Town Council, a General Plan for Hatch Town, which shall be permitted to include areas outside its boundaries that bear consideration to the planning of the Town. The General Plan shall include at least the following elements:

      1.   Official maps;

      2.   Growth and land use;

      3.   Commercial/industrial uses;

      4.   Transportation and utilities;

      5.   Community facilities;

      6.   Housing;

      7.   Environmental; and

      8.   Geologic/natural hazards.

The Planning Commission shall be permitted to recommend amendments to the General Plan regarding the administration or maintenance of this chapter.

   E.   Zoning Ordinance. It shall be the duty of the Planning Commission to assist in the development of and recommend to the Town Council, a Zoning Ordinance, in accordance with the guidelines of the General Plan, establishing zones within the Town. Such regulations shall be made in regard to the character of each District and the most appropriate use of land within the Town.

   F.   Subdivisions. It shall be the duty of the Planning Commission to develop and certify regulations governing the division of land in accordance with the adopted regulations.

   G.   Conditional Uses. It shall be the duty of the Planning Commission to review Conditional Use Permit applications. The application shall be accompanied by maps, drawings or other documentation in support of the request.

   H.   Zoning Map. It shall be the duty of the Planning Commission to assist in the development of and recommend to the Town Council, an official Zoning Map for all areas included within the Town. (Ord. 2021-05, 10-20-2021; amd. Ord. 2022-05, 4-20-2022; Ord. 2022-07, 6-6-2022)

Any person with standing aggrieved by any decision of the Planning Commission shall have the right to make such appeals as provided by this chapter or State law. Such appeals shall be based on the record.

Appeal of Planning Commission decisions shall be to the Town Council. Appeals shall be in writing and shall be filed with the Town Clerk not more than thirty days after the decision by the Planning Commission. The Town Council may affirm, modify or reverse the decision of the Planning Commission. Appeal review by the Town Council shall be recorded in an open public meeting. Town Council decisions will be final. (Ord. 2021-05, 10-20-2021)