The Land Use Authorities identified by this title shall have responsibilities for implementing and administering the General Plan and all land use ordinances, including this title, as allowed by the Act, and provided herein. (Ord. 2005-13, 2005)

   (1)   Powers And Duties: For purposes of this title, the City Council shall:

      (a)   As the legislative body of the City, adopt or amend the General Plan and all elements of the General Plan, including but not limited to a land use element, a transportation and traffic circulation element, and a moderate income housing element.

      (b)   As the legislative body of the City, adopt or amend land use ordinances, including this title. (Ord. 2017-02, 2017)

      (c)   Approve, approve with conditions, or deny all Class V use applications.

      (d)   Approve, approve with requirements, or deny all special exception applications, as provided by chapter 28 of this title.

      (e)   Render, or appoint a designee to render, a determination when an applicant asserts a deprivation of property, or has been subject to a taking of property without just compensation, or has asserted some other constitutional invalidity, as provided by chapter 31 of this title.

      (f)   Establish a fee schedule by resolution for all approvals, permits and licenses required by the land use ordinances, which fee schedule may be included in the City consolidated fee schedule.

      (g)   Take such other actions authorized by the Act or required by this title and not expressly delegated to any other Land Use Authority. (Ord. 2014-05, 2014)

   (2)   Effective Date Of Decisions: All decisions of the City Council, made under this title, shall take effect on the date of the meeting when the decision is made, unless a different date is designated in the rules of the City Council, or a different date is designated by the City Council in approving any ordinance, resolution or motion.

   (3)   Meeting Minutes: The minutes of all meetings of the City Council shall be filed in the Office of the City Recorder. All such records shall be available for public review and access in accordance with the State Government Records and Access Management Act. (Ord. 2005-13, 2005)

The Planning Commission (hereinafter the "commission") was heretofore created and established by the City Council pursuant to the Act.

   (1)   Powers And Duties: The commission shall be an advisory body to the City Council on legislative matters pertaining to the General Plan and land use ordinances. The commission shall:

      (a)   Prepare, or cause to be prepared, the general plan, any proposed plan element, any amendments thereto, and to submit the proposed plan, element or amendments to the city council.

      (b)   Prepare or cause to be prepared all land use ordinances, including this title, zoning district maps, official maps, and any amendments thereto, and to submit such land use ordinances, or amendments thereto to the city council.

      (c)   Review and recommend approval or denial of all applications for a general plan amendment and land use ordinance amendment.

      (d)   Review and approve, approve with requirements, or deny all class III use applications, except those class III use applications proposed on sensitive lands areas.

      (e)   Review and approve, approve with conditions, or deny all class IV use applications.

      (f)   Review and recommend approval or denial of all applications for a class V use application.

      (g)   Review and recommend approval or denial of all special exception applications.

      (h)   Review and recommend approval or denial of all subdivision applications to the city council, as authorized by the subdivision ordinance.

      (i)   Determine and render a written determination of the boundary of a zoning district, as provided by chapter 2 of this title.

      (j)   Adopt bylaws, policies and procedures for the conduct of the duties and meetings of the commission, for the consideration of applications and for any other purposes deemed necessary by the commission; provided, that such bylaws, policies and procedures are approved by the city council before taking effect.

      (k)   Advise the city council on other matters, as the city council may direct. (Ord. 2014-05, 2014)

   (2)   Membership, Appointment, Removal, Terms And Vacancies:

      (a)   The commission shall consist of five (5) members.

      (b)   Commission members shall be appointed by the mayor, with the advice and consent of the city council.

      (c)   Commission members may be removed by the mayor, with the advice and consent of the city council, without cause.

      (d)   The members of the commission shall be residents of the city. No member of the commission shall be an elected official or employee of the city.

      (e)   Among other reasons, a commission member may be removed if three (3) consecutive or twenty five percent (25%) of the commission meetings in a calendar year are missed. If the absence of a commission member is due to an extended illness or vacation, the commission member is responsible to provide written notice to the city manager prior to the time the absence will occur. If such notice is given, these removal requirements do not apply.

      (f)   Members of the commission shall serve without compensation, except that the city council may fix per diem compensation for members of the commission, based on necessary and reasonable expenses and on meetings actually attended. (Ord. 2005-13, 2005)

      (g)   All members of the commission shall serve at the pleasure of the mayor and city council for a term of four (4) years. No member shall serve more than three (3) consecutive terms. Terms shall begin on April 1 of each calendar year. Members' terms are to be staggered so that not more than two (2) terms shall expire in any give year. A commission member shall not be automatically reappointed to a second or third term. (Ord. 2015-01, 2015)

      (h)   At an annual organizational meeting to be held the first regular meeting in April, and at other times as required, the members of the commission shall elect one of their members as chair and one of their members as vice chair. In the absence of the chair, the vice chair shall act as chair and shall have all powers of the chair. The chair and vice chair shall serve a term of one year. No member shall serve as chair for more than two (2) consecutive terms.

      (i)   The chair, or in the chair's absence the vice chair, shall be in charge of all proceedings before the commission, and shall take such actions as necessary to preserve order and the integrity of all proceedings before the commission.

      (j)   Commission vacancies occurring for any reason shall be filled by the mayor, with the advice and consent of the city council. Vacancies on the commission occurring in ways other than through the expiration of terms shall be filled for the remainder of the unexpired term.

      (k)   Members of the commission shall be deemed "volunteers" for the purposes of city ordinances, rules, regulations and policies concerning personnel; provided, however, they shall be included in the definition of "employee" for the purposes of the Utah governmental immunity act.

   (3)   Recording Secretary: The city manager shall assign a recording secretary to serve the commission. The recording secretary shall keep the minutes of all proceedings of the commission, which minutes shall be the official record of all proceedings before the commission, attested to by a majority vote of the members of the commission. The minutes of all meetings of the commission shall be filed in the office of the city recorder. All such records shall be available for public review and access in accordance with the state government records and access management act.

   (4)   Quorum And Necessary Vote: No meeting of the commission shall be called to order, nor may any business be transacted, without a quorum consisting of at least three (3) members of the commission being present. The chair shall be included for the purpose of establishing a quorum and shall act as a voting member of the commission. All actions of the commission shall require the vote of a majority of the total members of the commission. The commission shall transmit reports of its decisions 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.

   (5)   Effective Date Of Decisions: All decisions of the commission shall become effective on the date of the meeting when the decision is made unless a different date is designated in the rules of the commission, or the commission designates a different date when the decision is made. (Ord. 2005-13, 2005)

   (6)   Meetings, Hearings And Procedure:

      (a)   The commission shall establish a regular meeting schedule.

      (b)   Special meetings may be requested by a majority vote of the commission, or by the chair of the commission.

      (c)   When a matter is postponed due to lack of a quorum, the chair shall reschedule the matter to the next available commission meeting. The recording secretary shall notify all interested parties and all members of the commission of the date when the commission will hear the rescheduled matter.

      (d)   Rules of order and procedure governing all public meetings of the commission shall be as set forth in title 2, chapter 6 of this code. (Ord. 2011-10, 2011)

(Rep. by Ord. 2007-35, 2008)

For the purposes of this title, and to promote the proper implementation of the sensitive lands overlay district (SL), as provided by chapter 8 of this title, there is hereby created and established the Ivins City sensitive lands committee (hereinafter the "sensitive lands committee").

   (1)   Powers And Duties: The sensitive lands committee shall have the following powers and duties:

      (a)   Recommend to the commission and city council amendments and revisions to the general plan, or any plan element, and to submit the proposed plan, element or amendments to the commission and city council.

      (b)   Recommend to the commission and city council amendments and revisions to this title and other land use ordinances, and to submit the proposed amendments and revisions to the commission and city council.

      (c)   Approve, approve with requirements, or deny the following:

         (i)   All class I use applications proposed on any sensitive lands areas.

         (ii)   All class II use applications proposed on any sensitive lands areas.

         (iii)   All class III use applications proposed on any sensitive lands areas.

      (d)   Recommend to the commission and city council approval, approval with conditions, or denial of all class IV use and class V use applications proposed on any sensitive lands areas.

      (e)   Recommend to the commission and city council approval, approval with conditions, or denial of all subdivision applications proposed on any sensitive lands areas.

      (f)   Adopt bylaws, policies and procedures for the conduct of the duties and meetings of the sensitive lands committee, for the consideration of applications and for any other purposes deemed necessary by the sensitive lands committee, provided such bylaws, policies and procedures are approved by the city council before taking effect.

      (g)   Advise the city council on other matters as the city council directs.

   (2)   Membership, Appointment, Removal, Terms And Vacancies:

      (a)   The sensitive lands committee shall consist of six (6) members. The sensitive lands committee shall include the zoning administrator, two (2) residents of the city, and three (3) professional experts with experience in sensitive lands matters in any of the following fields: civil engineering, city planning, architecture, landscape architecture and geology.

      (b)   Sensitive lands committee members shall be appointed by the mayor, with the advice and consent of the city council.

      (c)   Sensitive lands committee members may be removed by the mayor, with the advice and consent of the city council, without cause.

      (d)   Among other reasons, a sensitive lands committee member may be removed if three (3) consecutive or twenty five percent (25%) of the committee meetings in a calendar year are missed. If the absence of a sensitive lands committee member is due to an extended illness or vacation, the committee member is responsible to provide written notice to the city manager prior to the time the absence will occur. If such notice is given, these removal requirements do not apply.

      (e)   Members of the sensitive lands committee may be compensated, based upon meetings actually attended and reasonable and necessary expenses, as determined by the city council. (Ord. 2005-13, 2005)

      (f)   All members of the sensitive lands committee shall serve at the pleasure of the mayor and city council for a term of four (4) years. A sensitive lands committee member shall not be automatically reappointed to a second or third term. (Ord. 2015-01, 2015)

      (g)   At an annual organizational meeting to be held the first regular meeting in April, and at other times as required, the members of the sensitive lands committee shall elect one of their members as chair and one of their members as vice chair. In the absence of the chair, the vice chair shall act as chair and shall have all powers of the chair. The chair shall serve a term of one year. No member shall serve as chair for more than two (2) consecutive terms.

      (h)   The chair, or in the chair's absence the vice chair, shall be in charge of all proceedings before the sensitive lands committee, and shall take such actions as necessary to preserve order and the integrity of all proceedings before the sensitive lands committee. (Ord. 2005-13, 2005)

      (i)   Sensitive lands committee vacancies occurring for any reason shall be filled by the mayor, with the advice and consent of the city council. (Ord. 2015-01, 2015)

      (j)   Members of the sensitive lands committee shall be deemed "volunteers" for the purposes of city ordinances, rules, regulations and policies concerning personnel; provided, however, they shall be included in the definition of "employee" for the purposes of the Utah governmental immunity act.

   (3)   Recording Secretary: The city manager shall assign a recording secretary to serve the sensitive lands committee. The recording secretary shall keep the minutes of all proceedings of the sensitive lands committee, which minutes shall be the official record of all proceedings before the sensitive lands committee, attested to by a majority vote of at least four (4) members of the committee. The minutes of all meetings of the sensitive lands committee shall be filed in the office of the city recorder. All such records shall be available for public review and access in accordance with the state government records and access management act.

   (4)   Quorum And Necessary Vote: No meeting of the sensitive lands committee may be called to order, nor may any business be conducted, without a quorum consisting of at least four (4) members of the sensitive lands committee being present. The chair shall be included for the purposes of establishing a quorum and shall act as a voting member of the sensitive lands committee. All actions of the sensitive lands committee shall require the concurring vote of at least four (4) members of the sensitive lands committee.

   (5)   Effective Date Of Decisions: All decisions of the sensitive lands committee shall become effective on the date of the meeting when the decision is made unless a different date is designated in the rules of the sensitive lands committee, or the sensitive lands committee designates a different date when the decision is made. (Ord. 2005-13, 2005)

   (6)   Meetings And Procedure:

      (a)   The sensitive lands committee shall establish a regular meeting schedule.

      (b)   Special meetings may be requested by a majority vote of the sensitive lands committee, or by the chair of the sensitive lands committee.

      (c)   When a matter is postponed due to lack of a quorum, the chair shall reschedule the matter to the next available sensitive lands committee meeting. The recording secretary shall notify all interested parties and all members of the sensitive lands committee of the date when the rescheduled matter will be heard by the sensitive lands committee.

      (d)   Rules of order and procedure governing all public meetings of the sensitive lands committee shall be as set forth in title 2, chapter 6 of this code. (Ord. 2011-10, 2011)

   (1)   Designated: The city manager, with the advice and consent of the mayor and city council, shall designate a person to carry out the administrative responsibilities of the land use ordinances, including this title. The person so designated is referred to herein as the "zoning administrator". It is the responsibility of the zoning administrator to ensure all procedures and other provisions of the land use ordinances are consistently and equitably applied.

   (2)   Powers And Duties: The zoning administrator shall:

      (a)   Ensure all procedures and other provisions of the land use ordinances are consistently and equitably applied.

      (b)   Approve, approve with requirements, or deny the following applications if such are found to comply with the requirements of all land use ordinances, adopted building code, and all other applicable local, state and federal requirements:

         (i)   Class I use applications, except those class I uses proposed on sensitive lands areas.

         (ii)   Class II use applications, except those class II uses proposed on sensitive lands areas.

      (c)   Render interpretations of the text of this title, as provided by section 16.02.102 of this title.

      (d)   Carry out and complete determinations of application completeness and fulfill all other duties as provided by section 16.13.106 of this title.

      (e)   Carry out all other functions, duties, tasks and actions, as identified herein. (Ord. 2005-13, 2005)

   (1)   Establishment: A technical review committee (hereinafter the "TRC") may be established and created by the city manager.

   (2)   Purpose: The purpose of the TRC is to assure that a proposed use, activity, building or structure is consistent with the general plan and complies with the requirements of this title, all other land use ordinances, and all other applicable ordinances and provisions.

   (3)   Membership: The TRC shall consist of persons representing city departments, and other persons as may be designated by the city manager, responsible for reviewing and coordinating applications for any land use application approval, permit or license.

   (4)   Powers And Duties: The TRC shall act under the direction of the city manager and shall have the following duties and responsibilities:

      (a)   Before a land use authority considers any application, the TRC may review the application to determine its consistency with the general plan and compliance with all applicable ordinances.

      (b)   The TRC may provide a report identifying the consistency with the general plan and compliance with all applicable ordinances for any application for any approval, permit or license, prior to a decision by a land use authority.

      (c)   The TRC may present findings for consideration by the land use authority reviewing and considering any application.

      (d)   The TRC may establish procedures for the preparation and conduct of TRC meetings, the scheduling of meetings, and the conduct of meetings and field trips, such procedures being reviewed and approved by the city manager before taking effect. (Ord. 2005-13, 2005)

The officers and staff of the city may provide support and assistance to the city land use authorities, as required, to effectively implement the general plan, this title, and all other land use ordinances. (Ord. 2005-13, 2005)

All meetings and hearings of all land use authorities shall comply with the provisions of the land use ordinances for such meetings and hearings as provided by chapter 10 of this title, and the requirements of Utah Code Annotated, as amended, for open and public meetings. (Ord. 2005-13, 2005)

The city council and/or city manager may provide guidelines, standards, reference materials, forms or other documents to assist the public, applicants, zoning administrator, or other staff in providing applications and interpreting and administering the general plan, this title, and all other land use ordinances. (Ord. 2005-13, 2005)

All times, identified herein, shall be computed using calendar days, except that if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded and time computed to the next regular business day following the Saturday, Sunday or legal holiday. The time within which an act is to be done shall be computed by excluding the first day and including the last day. (Ord. 2005-13, 2005)

In determining compliance with the numerical requirements of this title, any computation or measurement resulting in a fractional number, except density calculations, shall be rounded to the nearest whole number. Density calculations shall be rounded down to the nearest whole number. (Ord. 2005-13, 2005)

   (1)   Validity Of Action: Notwithstanding any provision of this title which sets forth a procedure for any matter herein, no action, inaction or recommendation regarding the matter which is the subject of the procedure shall be void or invalid or set aside by a court due to any error (including, but not limited to, any irregularity, informality, neglect or omission) which pertains to a petition, application, notice, decision, finding, record, hearing, report, recommendation or any other procedural matter whatsoever, unless:

      (a)   The procedure is required by state or federal law; and

      (b)   In an examination of the entire circumstances, including the evidence of record, the court is of the opinion that the procedural error complained of was prejudicial to a substantial right of the complainant as shown by the following:

         (i)   Had the error not occurred, the decision made pursuant to the procedure would have been different; and

         (ii)   Because of the error, the complainant suffered an injury for which relief must be given.

   (2)   Presumption Of Validity: The court shall presume that action taken pursuant to a procedure was done in good faith and shall not presume that an error is prejudicial or that an injury occurred. The complainant shall have the burden of proof by a preponderance of the evidence to show that an error is prejudicial or that an injury occurred. (Ord. 2005-13, 2005)

A land use application is considered submitted and complete when the application is provided in a form that complies with the requirements of the applicable land use ordinances and all fees have been paid, as determined by the zoning administrator, as provided by chapter 13 of this title. (Ord. 2005-13, 2005)

   (1)   The continuing validity of an approval of a land use application shall be conditioned upon the applicant proceeding after approval to implement the approval with reasonable diligence.

   (2)   The validity of an approval of a land use application shall terminate one hundred eighty (180) days from the date of the approval by the land use authority, unless an alternative date is specifically provided by the applicable land use ordinance, or the applicant has proceeded with reasonable diligence to implement the approval.

   (3)   An approval action by a land use authority approval shall be invalid and null and void if a use is not conducted, or a building or structure is established in violation of any requirements of all land use ordinances, requirements or conditions of approval. (Ord. 2005-13, 2005)

Each land use authority of the city, as identified herein, shall comply with the terms and standards of applicable land use ordinances, including this title, and shall comply with the mandatory provisions of such land use ordinances. (Ord. 2005-13, 2005)

The approval of any land use application shall continue to comply with all requirements, conditions, terms and standards of approval, as required by the land use authority, and shall continue to comply with the mandatory provisions of all land use ordinances. (Ord. 2005-13, 2005)

   (1)   The city may acquire property through purchase, gift, voluntary dedication or eminent domain.

   (2)   The city may require the dedication and improvement of a street or other facility if the street or other facility is found necessary by the city because of a proposed development. (Ord. 2005-13, 2005)

A land use authority may impose an exaction, or exactions, on a land use application if:

   (1)   An essential link exists between a legitimate governmental interest and each exaction; and

   (2)   Each exaction is roughly proportionate, both in nature and in extent, to the impact of the proposed development. (Ord. 2005-13, 2005)