There is created a Planning Commission to be composed of five members and two alternates, appointed by the mayor with the advice and consent of the Town Council from among the registered voters of the Town in a manner trying to provide balanced professional and community interest representation.

The Planning Commission shall:

1. GENERAL PLAN. (U.C.A. 10-9-302) It shall be the function and duty of the Planning Commission, after holding public hearing, to make and recommend to the legislative body a proposed general plan for the physical development of Levan Town, including any areas outside of its boundaries, which, in the commission’s judgment, bear relation to the planning of the town. Where the plan involves territory outside the boundaries of the town, action shall be taken with the consultation of the county or other municipal legislative body concerned. The general plan shall show the Planning Commission recommendations for the physical development of the town and shall include at least the following:
   
   1. A land use plan.
      
   2. A transportation and traffic circulation element.
      
   3. A moderate income housing element. 
      
      The general plan may also include the following:
      
      1. health, general welfare, safety, energy conservation, transportation, prosperity, civic activities, aesthetics, and recreational, educational, and cultural opportunities;
         
      2. the reduction of the waste of physical, financial, or human resources that result from either excessive congestion or excessive scattering of population;
         
      3. the efficient and economical use, conservation, and production of the supply of:
         
         1. food and water; and
            
         2. drainage, sanitary, and other facilities and resources;
            
      4. the use of energy conservation and solar and renewable energy resources;
         
      5. the protection of urban development;
         
      6. the protection or promotion of moderate income housing;
         
      7. the protection and promotion of air quality;
         
      8. historic preservation;
         
      9. identifying future uses of land that are likely to require an expansion or significant modification of services or facilities provided by each affected entity; and
      10. an official map.
      The Planning Commission may from time to time extend, amend, or add to the general plan or carry any part of subject matter into greater detail.
2. LAND USE ORDINANCES. It shall be the function and duty of the Planning Commission to make and recommend to the legislative body land use ordinances, including both the full text of the ordinance and any maps representing the recommendations of the Planning Commission.  (See U.C.A. 10-9a-102)
3. REPORTS. The Planning Commission may make reports and recommendations relating to the plan and development of Levan Town to public officials and agencies, public utility companies, civic, educational, and professional and other organizations, and citizen. The Planning Commission may, in the performance of its functions, enter upon any land at reasonable times to make examinations and surveys and place and maintain necessary monument and marks thereon. In general the Planning Commission shall have such powers as may be necessary to enable it to perform its functions and promote town planning & zoning. 
4. SUBDIVISION REGULATION. Recommend subdivision regulations and amendments to those regulations to the Town Council;
5. SUBDIVISION APPLICATIONS.  Recommend approval or denial of subdivision applications as provided in this title; 
6. CONDITIONAL USE PERMITS. Approve or deny conditional use permits applications;
7. NON CONFORMING USES.  Reviews and approves applications for non conforming uses; and
8. LAND USE AUTHORITY. The Mayor and Town Council designate the Planning Commission as the “Land Use Authority” in Levan Town. The Land Use Authority has the power to grant or deny applications for permits, certificates, and reviews. 
9. OTHER DUTIES. The Planning Commission shall have all of the powers and duties explicitly or impliedly given planning commissions by the laws of the state.

The Planning Commission shall elect a chairman and co-chairman and may adopt such rules for its own proceedings as are deemed necessary. Meetings of the Commission shall be held at the call of the Chair and at such other times as the Commission may determine. The Planning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the clerk, and shall be a public record.

1. CHAIRMAN. The members of the Planning Commission shall select from their own members a chairman and co-chairman and such other officers as deemed necessary and shall adopt rules for their organization and for the transaction of business and the conduct of their proceedings. The chairman shall be a voting member of the commission and shall be counted as part of the quorum. The chairman shall be appointed or re-appointed on an annual basis at the first meeting held in February. Reports of official acts and recommendations of the Planning Commission shall be public and made by the chairman or his assignee in writing to the legislative body.
   
2. MEETINGS. The Planning Commission shall meet monthly and at such other times as the Planning Commission may determine.  
   
3. QUORUM. Three (3) members of the Planning Commission shall constitute a quorum. An alternate member may be counted as part of the membership for a quorum. A majority of the voting members present at a meeting at which a quorum is present shall be required for any action.  No less than three (3) yes votes are required for passage of any action. 
   
4. INDUSTRIAL PERFORMANCE STANDARDS. It shall be the responsibility of the chairman and /or the co-chairman to initiate an investigation of a suspected violation of the industrial performance standards and may request review by the Planning Commission. The chairman and/or co-chairman shall assure enforcement of violations. 
   

1. PLANNING COMMISSION SERVICES. The secretary shall provide administrative services to the Planning Commission. It shall be the duty of the secretary to prepare the agenda for all regular meetings of the commission and assure that it is published, mailed, and displayed, in compliance with Planning Commission procedures. The secretary shall attend all regular meetings of the commission and any special meetings as may be required by the commission.
2. CERTIFICATES, PERMITS, AND REVIEWS. Application for all certificates, permits, and reviews shall be made at the office of the Levan Town Clerk. Applications shall be made on the respective forms provided and shall be accompanied by required documents. Administration of certificates, permits, and reviews shall proceed as provided below:
   1. ZONING REVIEW. The secretary shall review applications for building permits to assure compliance with zoning regulations. The secretary will present such applications to the Planning Commission for review and recommendation.
   2. SITE PLAN REVIEW. The secretary shall receive all applications for site plan review; he shall assure that submittals are complete and placed upon the Planning Commission agenda for timely review. The Planning Commission shall approve applications for site plan review. 
   3. SIGN PERMIT. The secretary shall receive applications for a sign permit. Applications for all signs shall be reviewed and approved by the Planning Commission before a permit is issued by the secretary. 
   4. HOME OCCUPATION PERMIT. An application for a home occupation permit shall be presented to the administrator, after final inspection by building administrator, for review and approval by the Planning Commission. Upon such approval, the secretary is authorized to issue a permit. 
   5. ZONING AMENDMENTS REVIEW. Requests for amendments or changes to the zoning ordinance or zoning map shall be initiated with the secretary.
   6. FEES. Fees must be paid at the office of the Levan Town clerk before the issuance of any certificate or permit. 

No permit shall be issued for any building, construction, or repair of any building unless such fully conforms to all zoning regulations or ordinances of this municipality in effect at the time of application. 

No permit shall be issued for any building or structure or part thereof on any land located between the mapped lines of any street as shown on Transportation and Circulation Map. However, by special exception, the Appeal Authority, upon an appeal filed with it by the owner of any such land, may authorize the grant of a permit for a building or structure or any part thereof within any mapped future street in any case in which the Appeal Authority upon the evidence finds: 

1. That the appellant's property of which such mapped future street location forms a part will not yield a reasonable return to the owner unless such permit be granted; and 
2. That balancing the interest of the town in preserving the integrity of the map and the interest of the owner in the use and benefits of the property, the grant of such permit is required by consideration of justice and equity; or 
3. That denying the special exception would constitute an unconstitutional prohibition of development of the property. 

The Appeal Authority may hear and decide special exceptions to the terms of this ordinance, provided that any such special exception on which the Appeal Authority shall be authorized to pass shall be limited to the following: 

1. Authorize the alteration, movement, enlargement or addition to a building or structure or sign occupied by a nonconforming use, provided it can be shown by the applicant that: 
   
   1. The alteration, movement, enlargement, or addition is in keeping with the intent of this ordinance; and 
      
   2. That the proposed alteration, movement, enlargement, or addition will not impose a burden upon the lands located in the vicinity of the nonconforming use or structure; and 
      
   3. That the proposed deviation from code requirements is the minimum needed to achieve a reasonable use of the property, which use is to be justified by written findings of the Appeal Authority. 
      
2. Permit the construction of a structure between the platted lines of a future street on the Transportation and Circulation Map as provided in this ordinance. 
   
3. Extensions of the regulations for either district, up to fifty feet (50) beyond the district boundary, when a district boundary line divides a lot which was in single ownership at the time of the passage of this ordinance. 
   
4. Other special exceptions as specifically provided in this ordinance.
   

The Appeal Authority shall be required to make a written finding prior to the approval of any special exception. 

In order to carry out the provisions of Utah law relating to planning commission, there is hereby created an appeal authority, which shall consist of five members and such alternate members as the board deems appropriate, one and only one member of which shall be a member of the Planning & Zoning Board. The members of the Levan Town Board of Appeal Authority shall be appointed by the Chief Executive Officer with the advice and consent of the legislative body. The members of the board of adjustment shall serve without compensation, except that the legislative body may fix per diem compensation for the members of the board of adjustment based on necessary and reasonable expenses and on meetings actually attended. Alternate members shall serve in the absence of a member or members of the board under rules established by the legislative body. No more than two alternate members of the board shall sit at any meeting of the board at one time. 

The Appeal Authority shall consist of five (5) members and two (2) alternates, each to be appointed by the Mayor with the advice and consent of the Town Council from among qualified electors of the Town for a term of five (5) years, provided that the term of one (1) member shall expire each year. Any member may be removed for cause by the appointing authority upon written charges and after public hearing, if such public hearing is requested. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. 

            The powers and duties of the Appeal Authority shall be as follows:

1. To hear and decide special exceptions to the terms of the ordinance upon which such Board is required to pass under such ordinances; and
2. To authorize upon appeal such variance from the terms of the ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship provided that the spirit of the ordinance shall be observed and substantial justice done. 

The Appeal Authority shall elect a chair and may adopt such rules for its own proceedings as are deemed necessary. Meetings of the Board shall be held at the call of the chair and at such other times as the Board may determine. The chair, or when absent, the acting chair, may administer oaths and compel the attendance of witnesses. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the clerk, which shall be the office of the Appeal Authority, and shall be a public record.  All meetings of the Appeal Authority shall comply with the requirements of Title 52, Section 4, Open and Public Meetings. Decisions of the Appeal Authority become effective at the meeting in which the decision is made, unless a different time is designated in the board's rules at the time the decision is made.

Any person or entity desiring a waiver or modification of the requirements of the zoning ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the Appeal Authority for a variance from the terms of the zoning ordinance.

1. STANDARDS.  The Appeal Authority may grant a variance only if:
   1. Literal enforcement of the zoning ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the zoning ordinance;
   2. There are special circumstances attached to the property that do not generally apply to other properties in the same district;
   3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district;
   4. The variance will not substantially affect the general plan and will not be contrary to the public interest; and
   5. The spirit of the zoning ordinance is observed and substantial justice done.
2. UNREASONABLE HARDSHIP.  In determining whether or not enforcement of the zoning ordinance would cause unreasonable hardship, the Appeal Authority may not find an unreasonable hardship unless the Applicant proves that the alleged hardship:
   1. Is located on or associated with the property for which the variance is sought;
   2. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood. Special circumstances must:
   3. Relate to the hardship complained of; and
   4. Deprive the property of privileges granted to other properties in the same district.
3. In determining whether or not enforcement of the zoning ordinance would cause unreasonable hardship under Subsection (A) (1), the Appeal Authority may not find an unreasonable hardship if the hardship is self-imposed or economic.
4. In determining whether or not there are special circumstances attached to the property under Subsection (B) (1), the Appeal Authority may find that special circumstances exist only if the special circumstances:
   1.  Relate to the hardship complain of; and
   2. Deprive the property of privileges granted to other properties in the same district.
5. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
6. Variances run with the land.
7. The board of adjustment and any other body may not grant use variances.
8. ADDITIONAL REQUIREMENTS.  In granting a variance, the Appeal Authority may impose additional requirements on the applicant that will:
   1. Mitigate any harmful effects of the variance; or
   2. Serve the purpose of the standard or requirement that is waived or modified.
9. In exercising the above powers, the Appeal Authority may, in conformity with the provisions of the law, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such determination as ought to be made, and to that end shall have all the powers of the office from whom the appeal is taken. 

The building official shall not issue any building permit for any building, construction or repair of any building unless such fully conforms to all zoning regulations or ordinances of this municipality in effect at the time of application. No permit shall issue for any building or structure or part thereof on any land located between the mapped lines of any street as shown on any official street map adopted by the governing body.  However, the Appeal Authority shall have the power, upon an appeal filed with it by the owner of any such land, to authorize the grant of a permit for a building or structure or any part thereof within any mapped street located in any case in which the Appeal Authority upon the evidence finds:

1. that the property of the appellant of which such mapped street location forms a part will not yield a reasonable return to the owner unless such permit be granted, or
2. That balancing the interest of the municipality in preserving the integrity of the official map and the interest of the owner in the use and benefits of the property, the grant of such permit is required by consideration of justice and equity. Before taking any such action, the Appeal Authority shall hold a public hearing thereon. In the event that the Appeal Authority decides to authorize a building permit, it shall have the power to specify the exact location, ground area, height, and other details and conditions of extent and character and also the duration of the building, structure, or part thereof to be permitted. 

Before any application for a variance or building permit shall be issued, the Appeal Authority shall give the governing body at least fifteen (15) days notice of the application. The governing body shall have the opportunity to respond and comment on the application within the fifteen (15) days. 

Where a zone boundary line divides a lot in a single ownership at the time of the passage of this title, the Appeal Authority may permit a use authorized on either portion of such lot to extend not more than fifty feet (50’) into the other portion of the lot.

The concurring vote of three members of the Appeal Authority shall be necessary to reverse any order, requirement or determination of any such administrative official, or to decide in favor of the appellant on any matter upon which it is required to pass under any such ordinance, or to affect any variation in such ordinance. 

The purpose of the appeal procedure is to provide recourse in the event it is alleged that there is error in any order, requirement, certificate, decision, or determination made by an administrative official or advisory body in the administration or enforcement of this ordinance.

1. Appeals to the Appeal Authority may be taken by any person aggrieved or by any officer, department, board, or bureau of the town affected by any decision of the administrative officer or agency provided, however, that appeals from a decision of the legislative body shall be appealed directly to the district court.
2. Such appeal shall be taken within seven (7) days from the date of the action appealed from by filing with the officer from whom the appeal is taken, and with the Appeal Authority, a notice of appeal specifying the ground thereof.
3. The officer from whom the appeal is taken shall forthwith transmit to the Appeal Authority all the papers constituting the record upon which the action appealed from was taken.
4. The appellant shall have the burden of proof that an error was made by the officer from whom the appeal is taken.
5. Any appellant may be required to verify an appeal before a notary public or other person authorized to administer oaths.
6. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom appeal is taken shall certify that a stay would, in his opinion, cause imminent peril to life and property.
7. A public hearing shall be held by the Appeal Authority within thirty (30) days from date of application.
8. Reasonable notice of the time, place, and purpose of the hearing shall be given. Failure of owners to receive notice of hearing shall in no way affect the validity of action taken.
9. The Appeal Authority shall find whether, in its opinion, error was made.
10. The Appeal Authority may within the terms of this ordinance affirm, reverse, or modify the action appealed as it seems just and equitable and exercise all rights of any other officer or commission.
11. The town or any person aggrieved by any decision of the Appeal Authority may petition the district court for review; provided petition for such relief is presented to the court within thirty (30) days after the filing of such decision in the office of the appeal authority. (U.C.A. 10-9-708).