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 title.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; Ord. No. 2024-11, 8-15-2024)

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

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; Ord. No. 2024-11, 8-15-2024)

A.

Powers not enumerated in this title. See City Council powers and duties set forth in title 1, chapters 5 and 6 of this Code.

B.

Powers and duties related to this title. In administering this title, the City Council shall have the power and authority to act as the Land Use Authority for the matters set forth below. All such power and authority shall be exercised pursuant to the procedural and other applicable provisions of this title.

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 title and to the land use map, including any application for a zone change.

3.

Approval, denial, or modification of a request for annexation into the City.

4.

Hear and decide appeals from decisions of the Historic Preservation Commission and the final plat approval staff.

5.

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

(Ord. 2017-16, 11-16-2017; Ord. No. 2024-11, 8-15-2024)

A.

Established. A Planning Commission, consisting of eight 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 terms 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 years and until a successor is appointed; provided, that the term of the first members shall be such that the terms of two members shall expire each year.

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 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.

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.

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 Utah Code Annotated section 63G-7-102 et seq., 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 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.

a.

The chairperson shall serve for a term of one year.

b.

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 title, 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 Utah Code Annotated title 52, chapter 4, as amended.

4.

No official business shall be conducted by the Planning Commission unless a quorum of its members is present. Five 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.

a.

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.

b.

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 8 of this Code, government records and access management.

D.

Powers and duties.

1.

The Planning Commission is hereby designated as the Land Use Authority to hear and decide applications for:

a.

Conditional use permits filed under this title;

b.

Preliminary and final site plan applications, as provided under section 10-7-10 of this title; and

c.

Preliminary plat applications, as provided under section 10-39-6 of this title.

2.

In addition, the Planning Commission shall make a recommendation to the City Council for:

a.

A general plan and amendments to the general plan, as provided in section 10-7-6 of this title;

b.

Land use ordinances, zoning maps, official maps, and amendments, as provided in section 10-7-7 of this title;

c.

An appropriate delegation of power to at least one designated Land Use Authority to hear and act on a land use application;

d.

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;

e.

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.

E.

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.

F.

Appeals. Any person aggrieved of a final decision of the Planning Commission may appeal that decision to the Appeal Authority Board by filing a written appeal stating the grounds therefor within 14 days from the date of the decision or action.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; Ord. 2005-15, 7-21-2005; Ord. 2018-11, 9-20-2018; Ord. No. 2024-11, 8-15-2024)

A.

Established. In order to provide for just and fair treatment in the administration of this title, and to ensure that substantial justice is done, an Appeals Board is hereby established to exercise the powers and duties specified herein. The Appeals Board shall consist of three members.

B.

Qualifications, appointment, and compensation.

1.

Appeals Board members shall consist of:

a.

One member professionally trained in land use, law, or public administration;

b.

One member who is not a City resident; and

c.

One member who is a City business owner.

2.

No member of the Appeals Board shall be a member of the City Council, the Planning Commission, or City staff.

3.

Appeals Board members shall be appointed by the Mayor with the advice and consent of the City Council.

4.

Appeals Board members shall be compensated in accordance with a contract approved by the City Council.

C.

Standards of actions.

1.

The Appeals Board shall:

a.

Act in a quasi-judicial manner; and

b.

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

D.

Powers and duties.

1.

The Appeals Board is hereby designated as the Land Use Authority to hear and decide the following matters:

a.

Applications for a determination of special exceptions, as provided in section 10-7-11 of this title;

b.

Applications for a variance from the terms of this title, as provided in section 10-7-12 of this title;

c.

Applications to determine the existence, expansion or modification of a nonconforming use or noncomplying structure, as provided in section 10-7-14 of this title.

2.

The Appeals Board is hereby designated as the Appeal Authority to hear and decide the following matters:

a.

Appeals from Planning Commission decisions regarding conditional use permits, as provided in section 10-7-9 of this title;

b.

Appeals from administrative decisions by the Zoning Administrator applying the provisions of this title.

E.

Appeals. Appeals to the Appeals Board shall be filed in writing with the City Recorder within 14 days from the date of the decision or action appealed and shall state the grounds for the appeal. The officer or department from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.

F.

Notice of hearing. The Appeals Board shall fix a reasonable time for the hearing of each appeal, give public notice thereof and due notice to the parties in interest as provided in section 10-7-4 of this title.

G.

Decisions of the board. At the hearing of any matter the parties affected may appear in person with or without an attorney. The Appeals Board shall decide all appeals and other issues brought before it within a reasonable time.

H.

Stay of proceedings. An appeal to the Appeals Board shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board that by reason of the 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 Appeals Board or by the District Court upon application, notice, and due cause shown.

I.

Restrictions on scope of appeal.

1.

Only land use decisions applying the land use ordinance to a particular application, person, or parcel may be appealed to the Appeals Board.

2.

The Appeals Board may not consider any land use ordinance amendments.

3.

Appeals may not be used to waive or modify the terms or requirements of the land use ordinance.

J.

Burden of proof. The person or entity making the appeal has the burden of proving that an error has been made. Every appeal shall refer to the specific provisions of the ordinance involved and shall exactly set forth the error that is claimed. The appealing party is required to present to the Appeal Authority every theory of relief that it could raise in district court.

K.

Standards. In reviewing an action or decision from which an appeal has been taken, the Appeal Authority shall apply the appropriate standards, requirements or criteria as specified within this title and state law for such action or decision, and accordingly shall review the action or decision only to determine if an error was made in applying the land use ordinance.

L.

Stay of action. An appeal stays all proceedings in furtherance of the action appealed from unless the City Council finds and certifies to the Appeal Authority that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order issued by the district court.

M.

Administrative powers on appeal. In his/her decision, the Appeal Authority may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed. At the public meeting, the Appeal Authority may continue consideration to a later date. If consideration of the appeal is adjourned, within 35 days following the closing of the public meeting on an appeal, the Appeal Authority shall act on the appeal at a public meeting held in conformance with Utah Code Annotated title 52, chapter 4, open and public meetings.

N.

Decision and findings. The Appeal Authority's decision takes effect on the date his or her written decision is issued. The decision of the Appeal Authority regarding the appeal shall contain a full record of the findings of the body in the particular case. The Appeal Authority's decision constitutes a final, appealable decision.

O.

District court review of Appeal Authority decision. No decision of an official or administrative body of the City administering or interpreting the land use ordinance may be appealed directly to the district court. Before petitioning for district court review, a person must exhaust all administrative remedies by appealing to the Appeals Board in accordance with this section and receiving a final decision issued by the Appeals Board. Any person adversely affected by any decision of the Appeals Board, including the City Council, may file a petition for review of the decision with the district court within 30 days of the Appeals Board's final decision. The right to file a petition for review of the Appeals Board's decision is lost if the petition is not filed within 30 days of the decision.

1.

In the petition, the plaintiff may allege only that the Appeals Board's decision was not supported by substantial evidence or was arbitrary, capricious or illegal. The court shall review the decision of the Appeals Board pursuant to the standards found in Utah Code Annotated section 10-9a-801(3).

2.

The Appeals Board shall transmit to the reviewing court the record of its proceedings, including its minutes, findings, orders and if available, a true and correct transcript of its proceedings. If the proceeding was recorded, a transcript of that recording is a true and correct transcript for purposes of this subsection.

3.

The filing of a petition does not stay the decision of the Appeals Board. However, before filing the petition, the aggrieved party may petition the Appeals Board to stay its decision. Upon receipt of a petition to stay, the Appeals Board may order its decision stayed pending district court review if the Appeals Board finds it to be in the best interest of the municipality.

4.

After the petition is filed the petitioner may seek an injunction staying the Appeals Board's decision.

5.

The petitioner may not present any information, evidence, or theory of relief that was not presented to the Appeals Board.

P.

Appeals from the board. Any person aggrieved by a final decision of the Appeals Board may appeal such decision to district court, provided that the petition for such relief is presented to the court within 30 days from the date of the decision of the Appeals Board.

(Ord. 2018-11, 9-20-2018; Ord. No. 2024-11, 8-15-2024)

A.

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 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 Utah Code Annotated section 17A-3-1301 et seq., as amended.

B.

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.

C.

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.

a.

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 commission members shall be professionals, as defined by the National Park Service Regulations, from the disciplines of history, architecture or architectural history.

b.

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 nor more than four 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.

c.

Terms of Historic Preservation Commission members shall begin on or before the first Monday in February of each year.

d.

Historic Preservation Commission members may be reappointed for successive terms.

e.

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.

f.

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 Utah Code Annotated section 63G-7-102 et seq., as amended.

D.

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.

a.

The chairperson shall serve for a term of one year.

b.

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 title, 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 Utah Code Annotated title 52, chapter 4, as amended.

4.

No official business shall be conducted by the Historic Preservation Commission unless a quorum of its members is present. Three 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.

a.

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.

b.

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 8 of this Code, government records and access management.

E.

Powers and duties. The Historic Preservation Commission shall have all the powers and duties, explicit or implied, given such commissions by 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.

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 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 state 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 Hurricane Historic District, which district shall be established by an overlay zone to this title. 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, Utah Code Annotated sections 17A-3-1301 et seq., 9-8-201 et seq., and 9-8-401 et seq., as amended.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; Ord. No. 2024-11, 8-15-2024)

A.

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.

B.

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 title.

C.

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.

D.

Decision. Unless the Planning Commission shall otherwise direct, any person who has applied for authorization to develop property under the terms of this title 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 title and any applicable conditions of approval.

E.

Limitation. This section shall not apply to any action with respect to which the Planning Commission is required by law to take direct action.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; Ord. No. 2024-11, 8-15-2024)

A.

Appointment. The City Manager 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 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 title pursuant to section 10-7-18 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.

D.

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.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; Ord. No. 2024-11, 8-15-2024)

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

(Ord. 2017-16, 11-16-2017; Ord. No. 2024-11, 8-15-2024)