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Mantua City Zoning Code

11.4 Planning

Commission

11.4.1 Planning Commission Created

There is hereby created a Planning Commission to be known and designated as the Planning Commission of Mantua, Utah, which shall consist of seven (7) members. Members shall be appointed by the Mayor with advice and consent of the Council and shall hold office as set forth hereinafter.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.4.2 Appointment; Terms And Eligibility Of Members

  1. Members of the Planning Commission may serve with or without compensation, and the Town Council may fix compensation for members of the Planning Commission based on necessary and reasonable expenses.  The Town Council shall provide for reimbursement to members for actual expenses incurred, upon presentation of proper receipts.
  2. Members of the Planning Commission shall serve terms of four (4) years. Members shall be appointed every other year in December of the year of the expiration of terms. 
  3. The terms shall be staggered so that four (4) members shall be appointed together the first year followed by three (3) members on the following December of the second year.
  4. Terms may expire on the last day of the year, but members of the Planning Commission shall continue to serve until their successors are appointed and qualified.
  5. The Mayor with the advice and consent of the Council shall appoint a new Planning Commission member to fill vacancies that might arise and such appointments shall be to the end of the vacating member's term. 
  6. Alternate member(s) may be appointed to the Planning Commission.  Such appointments shall be in the same manner as the appointment of a regular member.
  7. Alternate member(s) may fully participate in work meetings of the Planning Commission, but shall only be allowed to participate in regular or special meetings of the Planning Commission when they are needed to fill a vacancy during the temporary absence of a regular member.  If more than one (1) alternate has been appointed to the Planning Commission, alternates shall take turns when filling in for an absent member.  It shall be the duty of the Chair of the Planning Commission to determine the order and turns of the alternates.
  8. Members of the Planning Commission shall be residents of or own land/property owners within the Town, and shall have resided or owned property within the Town for at least ninety (90) days prior to being appointed.
  9. Members of the Planning Commission shall not be an elected official or employee of the Town.
  10. In making appointments to the Planning Commission, the following criteria shall be considered by the Town Council:
  11. Geographic Location.  An effort should be made to provide a reasonable geographic distribution of members throughout the Town.
  12. Education, Occupation And Expertise.  While it is desirable to have members with a wide variety of background and training, consideration should also be  given to skills, knowledge, expertise and experience in the areas of land use planning, zoning, subdivision development, or related fields, the processes involved, and the members role therein.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.4.3 Resignation; Absence Deemed Resignation Or Grounds For Removal

  1. Members are deemed to have resigned from the Planning Commission automatically if/when they move their permanent residence outside Town limits.
  2. Any Planning Commission member who is absent from two (2) consecutive regularly scheduled meetings, or a total of four (4) regularly scheduled meetings per calendar year may be removed for cause by the Town Council.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.4.4 Powers And Duties

The Planning Commission shall have all necessary powers conferred on Planning Commissions pursuant to §10-9a of Utah State Code (as amended) and such other powers as are conferred on it by the Town Council as set forth in this title.

  1. The Planning Commission shall be an advisory body to the Town Council on legislative matters, including the Town’s General Plan and land use (i.e., subdivision and zoning) ordinances.
  2. The Planning Commission shall:
  3. Prepare or cause to be prepared, the General Plan, all elements thereof, and all amendments thereto, and shall submit such plan, elements, or amendments to the Town Council.
  4. Prepare or cause to be prepared all land use ordinances, including the subdivision and zoning ordinances, all standards, and requirements thereof, and all amendments thereto, and shall submit such ordinances, standards, requirements and all amendments to the Town Council.
  5. Prepare or cause to be prepared all official maps, all standards and requirements thereof, and all amendments to the Town Council.
  6. Review and recommend approval, approval with modifications, or denial of all General Plan amendment applications and all land use ordinance amendments to the Town Council.
  7. When indicated as the Land Use Authority, review and approve, approve with conditions, or deny all conditional use applications as authorized by this title.
  8. When indicated as the Land Use Authority, review and approve, approve with conditions, or deny subdivision applications, and when indicated as a Reviewing Body, recommend approval, approval with conditions, or denial of subdivision applications as authorized by this title.
  9. Act as an Appeal Authority when required by Town ordinance or this title.
  10. Adopt bylaws, policies and procedures for the conduct of the duties and meetings of the Planning Commission, for the consideration of applications and for any other purposes deemed necessary by the Planning Commission, provided that such bylaws, policies, and procedures are approved by the Town Council before taking effect.
  11. Advise the Town Council on other matters as the Town Council may direct.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.4.5 Organization; Quorum; Decisions

  1. The members of the Planning Commission shall select from their own members a Chair, Vice Chair, and such other officers as deemed necessary, and shall adopt rules and regulations for their organization and for the transaction of business and the conduct of their proceedings.
  2. 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 (1) year.  No member shall serve as Chair for more than two (2) consecutive terms.  The Chair, or in the Chair’s absence the Vice Chair, shall be in charge of all proceedings before the Planning Commission and shall take such actions as necessary to preserve order and the integrity of all proceedings before the Planning Commission.
  3. Four (4) members of the Planning Commission shall constitute a quorum.  No meeting of the Planning Commission shall be called to order, nor may any business be transacted without a quorum being present.  The Chair shall be included for the purposes of establishing a quorum and shall act as a voting member of the Planning Commission as indicated in this section.  
  4. The Chair may participate in any discussions before the Planning Commission but shall have no vote except in case of a tie vote by the members of the Commission.  The Chair shall also vote if only four (4) members are present (including the Chair) at any given meeting.
  5. When a matter is postponed due to lack of a quorum, the Chair shall reschedule the matter to the next available Planning Commission Meeting.  The Zoning Administrator shall notify all interested parties and all members of the date and time when the Planning Commission will hear the rescheduled matter.
  6. All actions of the Planning Commission shall require the vote of a majority of the total members of the Planning Commission.  The Planning Commission shall transmit reports of its decisions and recommendations to the Town Council.  Any member of the Planning Commission may also make a concurring or dissenting report or recommendation to the Town Council.
  7. All decisions of the Planning 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 Planning Commission, or the Planning Commission designates a different date when the decision is made.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.4.6 Staff Responsibilities; Meeting Minutes

  1. In order to assist the Planning Commission in carrying out its duties, the Planning Commission may request the assistance of Town employees, committees or agents of the Town including the  Zoning Administrator and Building Official, who shall attend Planning Commission meetings to assist and advise the Planning Commission as necessary.
  2. The Town Council may appoint a secretary to keep minutes and post agendas of meetings and/or hearings of the Planning Commission. The secretary may be paid for services rendered as agreed upon by the Town Council.
  3. The Town Recorder shall keep the minutes of all proceedings of the Planning Commission produced by the secretary, which minutes shall be the official record of all proceedings before the Planning Commission, attested to by a majority vote of the members of the Planning Commission.
  4. The minutes of all meetings of the Planning Commission shall be available for public review and access in accordance with the laws of the State of Utah.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.4.7 Meetings And Hearings

Planning Commission meetings shall be open to the public and will conform to the Utah Open Meetings Act. Notice shall be provided as indicated by Utah State Code (as amended) and this title and an annual meeting schedule shall be posted and published at least once a year in a newspaper of general circulation in the Town.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.4.8 Reserved

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.4.9 Reserved

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.4.10 Reserved

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.4.11 Reserved

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.4.12 Reserved

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024