The purpose of this chapter is to set forth the land use and appeal authorities responsible for administering the provisions of this title.

(Adopted by Ord. 2007-02 on 7/11/2007)

The authority of the land use and appeal authorities set forth in this chapter shall apply to the entirety of this title, subject to its various provisions.

(Adopted by Ord. 2007-02 on 7/11/2007)

Powers and Duties Related to This Title:

A.

In administering this title, the City Council shall have the powers and duties granted under Utah law and set forth below. Each of such powers and duties shall be exercised pursuant to the procedural and other applicable provisions of Utah law and this title.

1.

Adopt, modify, or reject a proposed general plan or any amendment thereto for all or part of the city and its surroundings.

2.

Adopt, modify, or reject proposed amendments to the text of this title and to the zoning map.

3.

Approve, approve with conditions, or deny subdivision applications.

4.

Approve, approve with conditions, or deny conditional use permit applications.

5.

Establish a fee schedule for applications required by provisions of this title.

(Adopted by Ord. 2007-02 on 7/11/2007; Amended by Ord. 2009-05 on 4/8/2009)

A.

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 serve without compensation, except for reasonable expenses incurred in performing their duties as members of the commission.

B.

Appointment and Term of Office:

1.

Planning commission members shall be appointed by the mayor with the advice and consent of the city council.

a.

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.

b.

Terms of planning commission members shall begin on or before the first Monday in February of each year.

c.

Planning commission members may be reappointed for successive terms.

d.

The mayor, with the advice and consent of the city council, may remove any member of the planning commission for cause upon written charges filed with the mayor. If requested, the member shall be afforded a public hearing.

e.

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.

In addition to the seven (7) members of the planning commission, the mayor, with the advice and consent of the city council, may appoint one alternate planning commission member. The term, reappointment, removal, and vacancy of the alternate planning commission member shall be governed in the same manner as for a regular planning commission member. The alternate member shall serve in the absence of a regular member.

3.

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 governmental immunity act of Utah as set forth in section 63G-7-101 et seq., of the Utah code, as amended.

C.

Organization and Procedure: The planning commission shall be organized and exercise its powers and duties as follows:

1.

Members of the planning commission shall elect one of its members as chair 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.

a.

The chair shall serve for a term of one year.

b.

The planning commission shall elect one of the planning commission members as vice chair to act in the absence of the chair.

c.

The chair and vice chair may be reelected for successive terms.

2.

The planning commission may adopt reasonable policies and procedures, consistent with the provisions of this title and applicable law to govern the conduct of its meetings, the processing of applications, and for any other purpose considered necessary for the proper functioning of the commission.

3.

The planning commission shall meet on a regular date each month, as determined by a resolution of the city council, upon recommendation of the planning commission, and at such other times as the planning commission may determine. Each meeting shall be properly noticed and held in accordance with the open and public meetings act, as amended.

4.

No official business shall be conducted by the planning commission unless a quorum of its members is present. Four (4) members shall constitute a quorum. The minimum number of votes required for a majority vote shall be four (4).

5.

Decisions of the planning commission shall become effective at the meeting or hearing in which 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 shall keep records of its official actions.

a.

The planning commission shall transmit reports of its official actions to the city council. Any member of the commission may also make a concurring or dissenting report or recommendation to the city council.

b.

The minutes of all meetings of the planning commission shall be prepared and filed in the office of the city recorder. Planning commission minutes and reports are public records and shall be available for public review and access in accordance with the government records access and management act, as amended.

D.

Powers and Duties: The planning commission shall have all the powers and duties, explicit or implied, given planning 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 title.

1.

Prepare and recommend a general plan and amendments to the Honeyville general plan to the city council, as provided in section 10-5-6 of this title.

2.

Recommend land use ordinances, zoning maps, official maps, and amendments to the city council, as provided in section 10-5-7 of this title.

3.

Recommend an appropriate delegation of power to at least one designated land use authority to hear and act on land use applications.

4.

Recommend application processes that:

a.

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

b.

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.

Administer applicable provisions of this title.

6.

Advise the city council as requested by the council.

7.

Exercise any other power necessary to enable the planning commission to perform its duties.

E.

Entrance upon Land: The planning commission and its authorized agents may enter upon any land at reasonable times to make examinations and surveys pertinent to the:

1.

Preparation of its general plan; or

2.

Preparation or enforcement of the city's land use ordinances.

F.

Appeals: Any person adversely affected by a final decision of the planning commission may appeal that decision to the hearing officer by filing a written appeal stating the grounds therefore within ten (10) business days from the date of the decision.

(Adopted by Ord. 2007-02 on 7/11/2007; Ord. No. 2025-02, § 1, 7-9-2025)

A.

Creation: The position of Hearing Officer is created pursuant to the enabling authority granted by the Municipal Land Use Development, and Management Act, Section 10-9a-701 of the Utah Code Annotated. The Hearing Officer shall replace in all respects the previous duties of the Board of Appeals. Only one Hearing Officer shall consider and decide any matter properly presented for Hearing Officer Review.

B.

Appointment: The Hearing Officer shall be appointed by the City Council. The Hearing Officer shall serve at the discretion of the City Council. The Hearing Officer shall either be law trained or have significant experience with land use laws and the requirements and operations of administrative hearing processes.

C.

Compensation: The Hearing Officer may be compensated on a contract basis, based upon meetings actually attended, work done, and reasonable and necessary expenses, as determined by the City Council.

D.

Organization and Procedure: The Hearing Officer shall be organized and exercise its powers and duties as follows.

1.

The Hearing Officer may adopt policies and procedures, consistent with the provisions of this Code and applicable law, to govern the conduct of its meetings, the processing of applications, and for any other purposes considered necessary for the functioning of the Hearing Officer. All such policies and procedures shall be submitted to the City Council for review and approval.

2.

The Hearing Officer shall meet as necessary to consider matters within its jurisdiction. All meetings shall be properly noticed and held in accordance with the Open Meetings Law set forth in Utah Code Ann. § 52-4-1, et seq., as amended.

3.

Decisions of the Hearing Officer shall take effect on the date of the meeting or hearing where the decision is made, unless a different time is designated in the Hearing Officer's rules, or at the time the decision is made.

4.

The Hearing Officer shall keep written minutes of its proceedings, and keep records of its examinations and other official actions. The Hearing Officer may, but is not required to, have its proceedings contemporaneously transcribed or use a tape recorder.

a.

The Hearing Officer shall transmit reports of its official acts and recommendations to the City Council.

b.

The minutes of all meetings of the Hearing Officer shall be prepared and filed in the office of the City Clerk. All such records shall be available for public review and access in accordance with the Government Records and Access Management Act, Utah Code Ann., § 63-2-101, et seq., as amended.

E.

Powers and Duties: The Hearing Officer shall have all the powers and duties, explicit or implied, given such Officers by Utah State law, including but not limited to the following:

1.

Hear and decide appeals from zoning decisions applying the provisions of this title, as provided in section 10-5-21 of this title.

2.

Hear and decide appeals from city council decisions regarding conditional use permits, as provided in section 10-5-14 of this title.

3.

Hear and decide variances from the terms of this title, as provided in section 10-5-22 of this title.

4.

Determine the existence, expansion, or modification of nonconforming uses, as provided in section 10-5-19 of this title.

5.

Hear and decide appeals from a fee charged in accordance with Utah State Code Section 10-9a-510; and

6.

The Hearing Officer shall act in a quasi-judicial manner; and

7.

Serve as the final arbiter of issues involving the interpretation or application of land use ordinances; and

8.

May not entertain an appeal of a matter in which the appeal authority, or any participating member, had first acted as the land use authority.

9.

Each of such powers and duties shall be exercised pursuant to the procedural and other provisions of this Code.

F.

Notice of Hearing: The Hearing Officer shall fix a reasonable time for the hearing of each appeal, give public notice thereof and due notice to the parties in interest.

G.

Appearance: At the hearing of any matter, the parties affected may appear in person with or without an attorney.

H.

Stay of Proceedings: An appeal to the Hearing Officer shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Hearing Officer that by reason of facts stated in the appeal, a stay would, in his or her opinion, cause immediate peril to life or property. In such case, proceedings shall not be stayed except by a restraining order granted by the Hearing Officer or by the District Court upon application, notice, and due cause shown.

I.

Appeal: Any person adversely affected by a final decision of the Hearing Officer may petition the district court for a review of the decision as provided in Utah Code Ann. §§ 10-9a-801 et seq., as amended.

(Adopted by Ord. 2007-02 on 7/11/2007; Ord. No. 2025-02, § 1, 7-9-2025)

A.

Appointment: The mayor shall designate a staff person who shall be primarily responsible for administering and enforcing this title. Such person shall be known as the zoning administrator.

B.

Interpretation: The zoning administrator shall interpret this title to the public, city departments, and to other branches of government, subject to general and specific policies established by the mayor and city council. Upon request, the zoning administrator shall make a written interpretation of the text of this title pursuant to section 10-5-20 of this title.

C.

Administrative Duties: The zoning administrator shall accomplish or cause to be accomplished all administrative actions required by this title, including the giving of notice, holding of hearings, preparation of staff reports, and receiving and processing of appeals.

(Adopted by Ord. 2007-02 on 7/11/2007)