The purpose of this Chapter is to outline the specific powers and duties of the different boards, commissions and officials having administrative, legislative, or quasi-judicial roles set forth in this Ordinance.

The Council has the authority to enact and amend land use ordinances and to enact and amend a zoning map for the Municipality.

1. Appointment—Term.
   1. The Planning Commission shall consist of five (5) members and up to two (2) alternate members, each of whom shall reside in the municipality. Members and alternate members shall be appointed by the Mayor with the advice and consent of the Council.
   2. Terms shall commence on March 1st of each year. Members shall serve three (3) year terms or longer until successors are appointed. Terms shall be staggered so that the terms of at least two (2) members, and not more than three (3), expire each year.
   3. If a member’s term expires before a successor is appointed, the member shall continue to serve until a successor is appointed.
   4. Members and alternate members may be reappointed for a second term but may not serve more than two consecutive terms as a member or alternate member.
2. Vacancy—Removal.
   1. Any vacancy occurring on the Planning Commission by reason of death, resignation, removal or disqualification shall be filled by the Mayor with the advice and consent of the Council for the unexpired term of such member.
   2. The Mayor, with the advice and consent of the Council, may remove a member of the Planning Commission for cause after filing written charges against the member. The member will be provided with a hearing on the charges if requested by the member being removed.
3. Organization—Procedures.
   1. The Planning Commission shall elect a chairperson from its members who shall serve a one-year term. The chairperson is a voting member.
   2. The Planning Commission shall elect a vice chairperson from its members who shall serve a one-year term. The vice chairperson is the designated chair pro-tempore and a voting member.
   3. The Planning Commission may create and fill any other necessary offices it deems necessary and may adopt policies and procedures for the conduct of its meetings, the processing of applications, and for any other purpose the Planning Commission considers necessary for its proper function.
   4. A minimum of three (3) full and/or alternate members in attendance at the meeting is required to constitute a quorum.
   5. The minimum number of “yes” votes necessary to carry an action of the commission shall be a majority of the members of the quorum in attendance but shall never be less than three (3).
   6. Alternate members shall be designated to sit as voting members of the Planning Commission at any time one or more regular members are absent from the meeting. The designation of the alternate member to voting status shall be made by the chairman at the commencement of the meeting in accordance with the seniority of the alternate members in attendance at the time, and any alternate so designated shall serve as a voting member until the conclusion of the meeting.
4. Powers and duties. The Planning Commission shall:
   1. Prepare and recommend a general plan and amendments to the general plan to the Council;
   2. Prepare and recommend zoning ordinances and maps and amendments to zoning ordinances and maps to the Council;
   3. Prepare and recommend subdivision ordinances and amendments to those ordinances to the Council;
   4. Prepare and recommend condominium ordinances and amendments to those ordinances to the Council;
   5. Review subdivision plats as set forth in Title 18 Subdivisions;
   6. Approve or deny condominium plans and plats;
   7. Approve or deny conditional use permits;
   8. Advise the Council on matters that the Council directs;
   9. To make, at the request of the Director, an interpretation of the zone map regarding the location of zone boundary lines;
   10. To decide, at the request of the Director, the meaning of disputed terms or phrases within the text of the zoning regulations; and
   11. Provide other functions as specified in this Chapter or as directed by the Council.
5. Effect on present members. Nothing in this Chapter may be construed to affect the eligibility or qualifications to serve of any of the present members of the Planning Commission whose terms have not expired or to affect their eligibility for reappointment.

1. Creation.
   1. The position of Land Use Hearing Officer is created pursuant to the enabling authority granted by the Land Use, Development, and Management Act, section 10-9a-701 of the Utah Code Annotated.
   2. The Land Use Hearing Officer shall be an administrative law judge appointed as provided in the Municipal Code.
2. Procedures.
   1. The Land Use Hearing Officer may administer oaths and compel the attendance of witnesses.
   2. Hearings the Land Use Hearing Officer holds on appeals of a land use decision are not subject to Chapter 4, Title 52, Utah Code, Open and Public Meetings Act.
   3. The Land Use Hearing Officer shall:
      1. Keep minutes of all proceedings;
      2. Keep records of all examinations and other official actions; and
      3. File all records in the office of Planning and Development Services. All such records are public records.
         1. Decisions of the Land Use Hearing Officer become effective immediately following the meeting in which the decision is made, unless a different time is designated at the time the decision is made.
3. Powers and duties. The Land Use Hearing Officer shall:
   1. Act as the appeal authority for zoning decisions applying this Title as provided in Section 19.16.020 and for decisions by a Planning Commission;
   2. Hear and decide the special exceptions to the terms of the zoning ordinance set forth in Subsection 19.20.020(B)(3);
   3. Hear and decide variances from the terms of the zoning ordinance as set forth in Section 19.20.010;
   4. Hear and decide applications for the expansion or modification of nonconforming uses; and
   5. Make, upon appeal, an interpretation of the zone map regarding the location of zone boundary lines or decide the meaning of disputed terms or phrases within the text of the zoning regulations.

The Director has the following powers:

1. To make an interpretation of the zoning map regarding the location of zone boundary lines or decide the meaning of disputed terms or phrases within the text or the zoning regulations. The Director, at his or her discretion, may defer interpretations of the zoning map or the meaning of disputed terms or phrases within the text of the zoning regulations to the Planning Commission;
2. To make administrative determinations as to the classification of uses not specifically listed in this Ordinance subject to appeal to the Planning Commission. Administrative determinations shall be based upon a comparison of the nature and characteristics of the proposed use with those uses specifically authorized in the intended zone;
3. To review and make decisions on conditional use amendments as set forth in Subsection 19.16.040.G.1
4. To review and make decisions on occupancy permits;
5. To receive and forward applications for zoning amendments, variances, conditional uses, zoning appeals and other administrative reviews required by this Ordinance to the appropriate board, commission or official;
6. To maintain permanent and current records as required by this Ordinance including, but not limited to, all relevant information and official action on zoning amendments, variances, conditional uses, zoning appeals and other administrative reviews;
7. To conduct inspections of structures or the use of land to determine whether there is compliance with this Ordinance, and, in case of any violation, to order corrective action;
8. To administer application review procedures as set forth in Chapter 19.16; and
9. To review and make decisions on special exceptions, waivers, or modifications as specified in this Ordinance.