1.

The Kaysville City Planning Commission is hereby established. The Planning Commission shall consist of seven (7) members, all of whom shall reside in the City for at least one (1) year prior to their appointment and be residents of the City. Members shall be selected from different professional and vocational backgrounds and geographic areas, insofar as possible.

2.

The term of office for each appointed member shall be three (3) years and shall expire on the 30th of June or when the successor is appointed thereafter. Two (2) terms of office shall expire each year with three (3) terms expiring every third year.

3.

Appointment and reappointment of members to the Planning Commission shall be made by the Mayor with a majority vote of the City Council from applicants submitting applications. Appointments to fill vacancies shall be made at any time to fill the unexpired term of any member. The appointment process shall be as proposed by the Mayor and approved by the City Council.

4.

Members of the Planning Commission may be removed from office by the Mayor with a majority vote of the City Council. Failure of any member of the Planning Commission to attend three (3) consecutive meetings of the Planning Commission shall be just cause for removal of such member.

5.

Members of the Planning Commission shall receive per diem compensation based on necessary and reasonable expenses and on meetings actually attended.

1.

A quorum of the Planning Commission shall consist of four (4) members and actions shall be taken upon a majority vote of a quorum voting.

2.

The Planning Commission shall elect a member as Chairperson to serve for a term of one (1) year. The Chairperson shall conduct all meetings of the Commission and direct the work of the Commission.

3.

The Planning Commission shall elect a member as Vice-Chairperson to serve for a term of one (1) year, concurrent with the term of the Chairperson. The Vice-Chairperson shall function in the absence of the Chairperson.

4.

The Planning Commission may adopt policies and procedures for the conduct of its meetings, the processing of applications, and for any other purposes considered necessary for the functioning of the Planning Commission.

5.

The minutes of each meeting of the Planning Commission shall be recorded and preserved in a permanent binder. All official actions shall be recorded therein. All records of the Planning Commission shall be available for public inspection at the Planning Commission office during regular business hours.

The Planning Commission shall:

1.

Make a recommendation to the City Council for:

a.

A general plan and amendments to the general plan,

b.

Land use ordinances, zoning maps, official maps, and amendments,

c.

An appropriate delegation of power to at least one (1) designated land use authority to hear and act on a land use application,

d.

An appropriate delegation of power to at least one (1) appeal authority to hear and act on an appeal from a decision of the land use authority,

e.

Application processes, and

f.

Other matters as the City Council directs;

2.

Hear and act on land use applications as specified in land use ordinances, including conditional use permits; and

3.

Exercise other authority that is necessary to enable the Planning Commission to perform its duties or delegated to it by the City Council.

(Ord. 24-01-03, 1/18/2024)

The municipality may enter upon any land at reasonable times to make examinations and surveys pertinent to:

1.

Preparation of its general plan; or

2.

Preparation or enforcement of its land use ordinances.

1.

The applicant or any other person or entity adversely affected by a decision administering or interpreting this Title may appeal that decision applying this Title by alleging that there is error in any order, requirements, decision, or determination made by an official in the administration or interpretation of this Title.

2.

Any officer, department, board, or bureau of the City affected by the grant or refusal of a building permit or by any other decisions of the administrative officer in the administration or interpretation of this Title may appeal any decision to the Planning Commission.

3.

Such appeal shall be taken within ten (10) calendar days from the date of the action appealed from by filing with the officer from whom the appeal is taken and with the Planning Commission a notice of appeal specifying the ground thereof.

4.

The officer from whom the appeal is taken shall transmit to the Planning Commission all papers constituting the record upon which the action appealed from is taken.

5.

The person or entity making the appeal has the burden of proving that an error has been made.

6.

The Planning Commission shall find whether there is substantial evidence that an error has been made. The Planning Commission may affirm, reverse, or modify the action appealed from as it seems just and equitable and exercise all rights of any other officer or commission.

7.

Only decisions applying, administering or interpreting this Title may be appealed. Appeals may not be used to waive or modify the terms or requirements of this Title.

8.

All appeals shall comply with the requirements of Section 10-9a-701 Utah Code Annotated, 1953.

1.

Any person or entity desiring a waiver or modification of the requirements of this Title as applied to a parcel of property that he or she owns, leases, or in which he or she holds some other beneficial interest, may apply to the Planning Commission for a variance from the terms of this Title.

2.

a.

The Planning Commission may grant a variance only if:

i.

Literal enforcement of this Title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this Title;

ii.

There are special circumstances attached to the property that do not generally apply to other properties in the same zone;

iii.

Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;

iv.

The variance will not substantially affect the general plan and will not be contrary to the public interest; and

v.

The spirit of this Title is observed and substantial justice done.

b.

i.

In determining whether or not enforcement of this Title would cause unreasonable hardship under Subsection 2(a), the Planning Commission may not find an unreasonable hardship unless the alleged hardship is located on or associated with the property for which the variance is sought; and comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.

ii.

In determining whether or not enforcement of this Title would cause unreasonable hardship under Subsection (2)(a), the Planning Commission may not find an unreasonable hardship if the hardship is self-imposed or economic.

c.

In determining whether or not there are special circumstances attached to the property under Subsection (2)(a), the Planning Commission may find that special circumstances exist only if the special circumstances:

i.

Relate to the hardship complained of; and

ii.

Deprive the property of privileges granted to other properties in the same district.

3.

The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.

4.

Variances run with the land.

5.

The Planning Commission and any other body may not grant a use variance.

6.

In granting a variance, the Planning Commission may impose additional requirements on the applicant that will:

a.

Mitigate any harmful effects of the variance; or

b.

Serve the purpose of the standard or requirement that is waived or modified.

Alternate members may be appointed to the Planning Commission. Such appointment shall be in the same manner as the appointment of a Planning Commissioner. Alternate members will only participate in Regular Meetings when needed to fill a vacancy during the temporary absence of a Planning Commissioner. Alternate members may fully participate in the Planning Commission Work Meeting.

(Ord. 20-02-01, 2/20/2020)