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

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

1. Powers Not Enumerated In this chapter:
   See City Council powers and duties set forth in Title 3, Chapter 30 of this Code.
2. Powers And Duties Related To this chapter:
   In administering this chapter, the City Council shall have the power and authority to act on the matters set forth below. All such power and authority shall be exercised pursuant to the procedural and other applicable provisions of this chapter.
   1. Final adoption, modification or rejection of a proposed General Plan or any amendment thereto for all or part of the City and its surroundings.
   2. Final adoption, approval, modification or rejection of any amendments to the text of this chapter and to the land use map, including any application for a zone change.
   3. Any preliminary plat application for the subdivision of property into more than two (2) lots.
   4. Approval, denial, or modification of a request for annexation into the City.
   5. Hear and decide appeals from administrative decisions as designated in Section 152-7-19.
   6. Establishment of a fee schedule for applications required by the provisions of this chapter.

1. Established:
   A Planning Commission, consisting of seven (7) members, is hereby established to exercise the powers and duties specified herein. Members of the Planning Commission shall receive a stipend for each regularly scheduled commission meeting attended, as set by the city council, and reasonable expenses incurred in performing their duties as members of the commission.
2. 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 four (4) years and until a successor is appointed; provided, that the term of the first members shall be such that the terms of two (2) members shall expire each year.
      2. Terms of Planning Commission members shall begin on or before the first Monday in February of each year.
      3. Planning Commission members may be reappointed for successive terms.
      4. The mayor, with the advice and consent of the city council, may remove any member of the planning commission for cause if written charges are filed against the member with the mayor; provided, that the member shall be afforded a public hearing if one is requested.
      5. 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. 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 section 63G-7-102 et seq., of the Utah Code, as amended.
3. 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 chairperson to oversee the proceedings and activities of the planning commission, and shall adopt rules for the transaction of business and the conduct of its proceedings.
      1. The chairperson shall serve for a term of one year.
      2. The chairperson, with the advice and consent of the planning commission, shall appoint one of the planning commission members as alternate chairperson to act in the absence of the chairperson. The chairperson and alternate chairperson may be reelected for successive terms.
   2. The planning commission may adopt reasonable policies and procedures, consistent with the provisions of this chapter, 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.
   3. The planning commission shall meet on a regular date 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 open meetings law set forth in title 52, chapter 4, of the Utah Code, as amended.
   4. No official business shall be conducted by the planning commission unless a quorum of its members is present. Three (3) 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 become effective at 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 planning commission shall keep written minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and keep records of its examinations and other official actions. The planning commission may, but is not required to, have its proceedings contemporaneously transcribed by a court reporter or a tape recorder.
      1. The planning commission shall transmit reports of its official acts and recommendations to the city council. Any member of the commission may also make a concurring or dissenting report or recommendation to the city council.
      2. The minutes of all meetings of the planning commission shall be prepared and filed in the office of the planning commission. All records in the office of the planning commission are public records and shall be available for public review and access in accordance with title 1, chapter 5, "Government Records Access and Management", of this code.
4. Powers And Duties:
   1. The planning commission is hereby designated as the land use authority to hear and decide the applications set forth below:
      1. Applications for conditional use permits provided for in Section 152-7-9(B)(1).
      2. Applications to determine the existence, expansion or modification of a non-conforming use or non-complying structure, as provided in Section 152-7-14.
   2. The planning commission is hereby designated as the appeal authority to hear and decide appeals of administrative decisions as designated in Section 152-7-19.
   3. In addition, the planning commission shall make a recommendation to the city council for:
      1. A general plan and amendments to the general plan, as provided in section 152-7-6 of this chapter;
      2. Land use ordinances, zoning maps, official maps, and amendments, as provided in section 152-7-7 of this chapter;
      3. An appropriate delegation of power to at least one designated land use authority to hear and act on a land use application;
      4. An appropriate delegation of power to at least one appeal authority to hear and act on an appeal from a decision of the land use authority;
      5. Application processes that:
         1. may include a 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
         2. shall protect the right of each:
            1. Applicant and third party to require formal consideration of any application by a land use authority;
            2. Applicant, adversely affected party, or municipal officer or employee 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.
5. 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.
6. Appeals:
   Any person aggrieved of a final decision of the planning commission may appeal that decision according to the procedures set forth in Section 152-7-19.

1. Established:
   In order to provide for just and fair treatment in the administration of this chapter, and to ensure that substantial justice is done, a Hearing Officer is hereby established to exercise the powers and duties specified herein.
2. (Reserved)
3. (Reserved)
4. Powers And Duties:
   The Hearing Officer is hereby designated as the appeal authority to hear and decide the following matters: a. Appeals of administrative decisions as designated in Section 152-7-19; b. Applications for a variance from the terms of this chapter, as provided in section 152-7-12 of this chapter;

1. Established:
   In order to identify, preserve, protect and enhance historic areas and structures lying within the boundaries of the city, a historic preservation commission, consisting of five (5) members, is hereby established to exercise the powers and duties specified herein. Members of the commission shall serve without compensation, except for reasonable expenses incurred in performing their duties as members of the commission. It is the intent of this section that the city shall have the power to identify, preserve, protect and enhance historic areas and structures lying within the boundaries of the city, through the establishment of a historic preservation commission and a historic district as provided in section 17A-3-1301 et seq., of the Utah Code, as amended.
2. Purpose:
   The purpose of the historic district is to:
   1. Preserve buildings and related structures of historic and architectural significance; and
   2. Allow improvements to existing structures or new construction to be conducted without destroying or damaging the historic character of said district or neighborhood.
3. Appointment And Terms Of Office:
   1. Historic preservation commission members shall be appointed by the mayor with the advice and consent of the city council.
      1. Members of the historic preservation commission shall have a demonstrated interest, competence or knowledge in or of historic preservation. To the extent available in the city, two (2) commission members shall be professionals, as defined by the national park service regulations, from the disciplines of history, architecture or architectural history.
      2. The terms of historic preservation commission members shall be staggered. Each member of the historic preservation commission shall serve for a term of not less than two (2) nor more than four (4) years, as determined by the city council, and until a successor is appointed; provided, that the term of the first members shall be such that the term of one member shall expire each year.
      3. Terms of historic preservation commission members shall begin on or before the first Monday in February of each year.
      4. Historic preservation commission members may be reappointed for successive terms.
      5. The mayor, with the advice and consent of the city council, may remove any member of the historic preservation commission for cause if written charges are filed against the member with the city manager; provided, that the member shall be afforded a public hearing if one is requested.
      6. A vacancy occurring on the historic preservation 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 and alternate members of the historic preservation 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 section 63G-7-102 et seq., of the Utah Code, as amended.
4. Organization And Procedure:
   The historic preservation commission shall be organized and exercise its powers and duties as follows:
   1. Members of the historic preservation commission shall select one of its members as chairperson to oversee the proceedings and activities of the commission, and shall adopt rules for the transaction of business and the conduct of its proceedings.
      1. The chairperson shall serve for a term of one year.
      2. The chairperson, with the advice and consent of the historic preservation commission shall appoint one of the commission members as alternate chairperson to act in the absence of the chairperson. The chairperson and alternate chairperson may be reelected for successive terms.
   2. The historic preservation commission may adopt reasonable policies and procedures, consistent with the provisions of this chapter, to govern the conduct of its meetings, the processing of applications, and for any other purposes considered necessary for the functioning of the historic preservation commission.
   3. The historic preservation commission shall meet at least twice each year. All meetings shall be properly noticed and held in accordance with the open meetings law set forth in title 52, chapter 4 of the Utah Code, as amended.
   4. No official business shall be conducted by the historic preservation commission unless a quorum of its members is present. Three (3) members of the commission shall constitute a quorum.
   5. Decisions of the commission shall become effective at 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 historic preservation commission shall keep written minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and keep records of its examinations and other official actions.
      1. The historic preservation commission shall transmit reports of its official acts and recommendations to the city council. Any member of the commission may also make a concurring or dissenting report or recommendation to the city council.
      2. The minutes of all meetings of the historic preservation commission shall be prepared and filed in the office of the commission. All records in the office of the historic preservation commission are public records and shall be available for public review and access in accordance with title 1, chapter 5, "Government Records Access and Management", of this code.
5. Powers And Duties:
   The historic preservation commission shall have all the powers and duties, explicit or implied, given such 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 chapter.
   1. The commission shall 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 State Inventory of Historic and Archaeological Sites. Survey and inventory documents shall be maintained and open to the public. The survey shall be updated as deemed appropriate by the commission.
   2. The commission shall review and comment to the Utah historic preservation officer on all proposed national register nominations for properties within the boundaries of the city. When the historic preservation 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 shall seek expertise in this area before rendering its decision.
   3. The historic preservation commission shall act in an advisory capacity to the city council, planning commission and all other officials and departments of the city, with respect to the identification and protection of local historic and archaeological resources.
   4. The Historic Preservation Commission shall work toward the continuing education of citizens regarding historic preservation and the City's history.
   5. The Historic Preservation Commission shall identify an area or areas containing significant historic buildings or structures to be known as the Hildale Historic District, which district shall be established by an overlay zone to this chapter. The commission shall also propose for adoption by the City Council by subsequent ordinance rules and regulations pertaining to new construction within the Historic District, as well as alterations, repairs or demolition of existing buildings within said district deemed to be of significant historical value. When such rules or regulations have been adopted by ordinance by the City Council, the Historic Preservation Commission shall assist in enforcing said rules and regulations.
   6. The commission shall further support the enforcement of all State laws relating to historic preservation, including, but not limited to, sections 17A-3-1301 et seq., 9-8-201 et seq., and 9-8-401 et seq., of the Utah Code, as amended.

1. Staff Referral:
   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 bylaws 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 bylaws, as the case may be.
2. 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 chapter.
3. 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.
4. Decision:
   Unless the Planning Commission shall otherwise direct, any person who has applied for authorization to develop property under the terms of this chapter 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 chapter and any applicable conditions of approval.
5. Limitation:
   This section shall not apply to any action with respect to which the Planning Commission is required by law to take direct action.

1. Appointment:
   The City Manager shall designate a staff person who shall be primarily responsible for administering and enforcing this chapter. Such person shall be known as the Zoning Administrator.
2. Interpretation:
   The Zoning Administrator shall interpret the ordinance to members of the public, City departments, and to other branches of government, 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 chapter pursuant to section 152-7-18 of this chapter.
3. Administrative Duties:
   The Zoning Administrator shall accomplish or cause to be accomplished all administrative actions required by this chapter, including the giving of notice, holding of hearings, preparation of staff reports and receiving and processing of appeals.
4. Negotiation And Advice:
   The Zoning Administrator may negotiate with and advise all persons making application for any project which requires approval by the Planning Commission or City Council.

1. The City planning, public works, legal, and engineering staff and/or contract employees are hereby designated to approve subdivision final plats.