The land use authorities identified by this title shall have responsibilities for implementing and administering the Millard County general plan, this title, the Millard County subdivision ordinance, and the county's other land use ordinances and resolutions, as provided and allowed by the act. The county's land use authorities, with their respective responsibilities and other organization and functioning items, are identified by the following sections. (Ord. 12-12-04, 12-4-2012)

   A.   Powers And Duties: The BOCC is both a land use authority and appeals authority, as defined by the act, and shall have the following powers and duties under this title:

      1.   To appoint members of a planning commission to carry out the duties and responsibilities as provided by this title.

      2.   To appoint a land use hearing officer to carry out the duties and responsibilities as provided by this title.

      3.   To appoint a county planner/zoning administrator for the efficient and consistent administration of this title and to carry out the duties and responsibilities as provided by this title.

      4.   To initiate and adopt amendments to the Millard County general plan, and all elements of the general plan.

      5.   To initiate and adopt amendments to the county's land use ordinances, including this title.

      6.   To initiate and approve amendments to the county's land use resolutions, including the administrative manual.

      7.   To approve, approve with conditions, or deny all conditional C-2 use applications.

      8.   To approve, approve with requirements, or deny all preliminary subdivision (major) applications and all final subdivision (major) applications.

      9.   To appoint a recording secretary for all land use authorities, as identified herein.

      10.   To render a decision, or appoint a hearing officer to render a recommendation to the BOCC prior to a BOCC decision, if an applicant asserts a deprivation of, or has been subject to a taking of property without just compensation, or asserts some other constitutional invalidity, as provided by chapter 24 of this title.

      11.   By resolution to establish a fee schedule for all approvals, permits and licenses required by this title.

      12.   To approve all bylaws, policies, and procedures for the conduct of all duties and meetings, for the consideration of applications, and for any other purposes for the efficient functioning of the county's land use authorities.

      13.   To take such other action(s) not expressly delegated to any other land use authority.

   B.   Effective Date Of Decisions, Exceptions, Meeting Minutes: All decisions of the BOCC, made under this title, shall take effect on the date of the BOCC meeting when the decision is made, unless a different date is designated by the BOCC at the time the decision is made. The minutes of all meetings of the BOCC shall be filed in the office of the Millard County clerk (hereinafter "county clerk"). All such records shall be the official record of the BOCC and shall be available for public review and access in accordance with the state of Utah government records and access management act (hereinafter "GRAMA"). (Ord. 12-12-04, 12-4-2012)

The Millard County planning commission (hereinafter "commission") was heretofore created and established by the BOCC pursuant to the act, or its prior enactments. The commission is a land use authority, as defined by the act.

   A.   Powers And Duties: The commission shall be an advisory body to the BOCC on legislative matters pertaining to the general plan and land use ordinances. The commission shall have the following powers and duties under this title:

      1.   To prepare, or cause to be prepared, the proposed Millard County general plan, any proposed plan element, any amendments thereto, and to transmit such plan, element or amendments to the BOCC, with the commission's recommendation.

      2.   To prepare or cause to be prepared all proposed county land use ordinances, including all maps and text, any amendments thereto, and to transmit such land use ordinances, maps, text, or amendments thereto to the BOCC, with the commission's recommendation.

      3.   To approve, approve with revisions, or deny all permitted P-2 use and sign applications.

      4.   To approve, approve with conditions, or deny all conditional C-1 use applications.

      5.   To hear, review, and recommend approval, approval with conditions, or denial of all conditional C-2 use applications and to transmit such recommendation to the BOCC.

      6.   To approve, approve with conditions, or deny all conditional C-1 and C-2 sign applications.

      7.   To approve, approve with requirements, or deny all preliminary subdivision (minor) applications and all final subdivision (minor) applications.

      8.   To hear, review, and recommend approval, approval with revisions, or denial of all preliminary subdivision (major) applications and all final subdivision (major) applications and to transmit such recommendation to the BOCC.

      9.   To adopt bylaws, policies, and procedures for the conduct of the duties and meetings of the commission, provided that such bylaws, policies, and procedures are approved by the BOCC before taking effect.

      10.   Advise the BOCC on all other matters as the BOCC may direct.

   B.   Membership; Appointment, Removal, Terms, And Vacancies:

      1.   The commission shall consist of seven (7) members.

      2.   The members of the commission shall be residents of Millard County.

      3.   The BOCC shall appoint members of the commission.

      4.   The BOCC may remove any member of the commission after a public hearing and by a majority vote of the BOCC.

      5.   Members of the commission shall serve without compensation, and the BOCC shall provide for reimbursement to commission members for approved actual expenses incurred, upon presentation of proper receipts.

      6.   Members of the commission shall serve a term of three (3) years. Members' terms are to be staggered so that not more than two (2) members' terms shall expire each year. A commission member shall not be automatically reappointed.

      7.   At an annual organizational meeting to be held the first regular meeting in the new calendar year, and at other times as required, the members of the commission shall, by motion and majority vote of the commission, appoint one of their members as chair and one of their members as vice chair. The chair and vice chair shall serve a term of one year. In the absence of the chair, the vice chair shall act as chair and shall have all powers of the chair.

      8.   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.

      9.   Commission vacancies occurring for any reason shall be filled by the BOCC. Vacancies of the commission occurring in ways other than through the expiration of terms shall be filled for the remainder of the member's unexpired term.

   C.   Recording Secretary: 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 county clerk. All such records shall be available for public review and access in accordance with GRAMA. The recording secretary shall be compensated as approved by the BOCC.

   D.   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 four (4) members of the commission being present. The chair shall be included for purposes of establishing a quorum and shall act as a voting member of the commission. All decisions and recommendations of the commission shall require the concurring vote of a minimum of four (4) members of the commission. The commission may transmit reports of its decisions and recommendations to the BOCC. Any member of the commission may also make a concurring or dissenting report or recommendation to the BOCC.

   E.   Effective Date Of Decisions: All decisions of the commission shall become effective on the date of the meeting when the decision is made, unless the commission at the time the decision is made designates a different date.

   F.   Meetings, Hearings, And Procedure:

      1.   The commission shall establish a regular meeting schedule.

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

      3.   When a matter is postponed due to lack of a quorum, the matter shall be rescheduled. The recording secretary shall notify all members of the commission, and all interested parties, of the date when the commission will hear the rescheduled matter. (Ord. 12-12-04, 12-4-2012)

The Millard County planner is hereby designated as the county planner/zoning administrator and a land use authority, as defined by the act.

   A.   Powers And Duties: It is the responsibility of the county planner/zoning administrator to ensure all administrative processes, procedures and other provisions of the land use ordinances are consistently and equitably applied. The county planner/zoning administrator shall have the following powers and duties:

      1.   To make necessary interpretations of this title, as provided by the administrative manual.

      2.   To approve, approve with revisions, or deny all permitted P-1 use and sign applications.

      3.   To perform and carry out all other duties, as identified herein or by the county's other land use ordinances and the administrative manual.

      4.   To determine completeness of all land use applications, as required by chapter 2 of the administrative manual.

      5.   To perform and carry out all other duties, as identified by this title and the administrative manual. (Ord. 12-12-04, 12-4-2012)

The Millard County land use hearing officer (hereinafter "LUHO") is both a land use authority and appeals authority, as defined by the act.

   A.   Powers And Duties: The LUHO shall:

      1.   Hear and decide applications for a variance from the terms of this title, with a finding of an unreasonable hardship as required by the act, and as provided by chapter 11 of this title.

      2.   Hear and decide applications for a determination of a nonconforming use, noncomplying structure, or other nonconformity, as provided by chapter 12 of this title.

      3.   To act as an appeal authority, as provided by chapter 14 of this title.

      4.   Recommend to the commission and BOCC amendments to the Millard County general plan and any county land use ordinance, as the LUHO considers necessary.

      5.   To adopt bylaws, policies, and procedures for the conduct of the duties and meetings of the LUHO, provided that such bylaws, policies, and procedures are approved by the BOCC before taking effect.

   B.   No Power Or Authority Of Consideration: The LUHO shall have no power or authority to consider any of the following:

      1.   To hear and decide a variance or waiver to any of the standards governing the approval of a general plan amendment application, or land use ordinance amendment application.

      2.   To hear and decide any applications for a general plan amendment.

      3.   To hear and decide any applications for any land use ordinance amendment.

      4.   Make any decisions or determinations that would have the effect of authorizing a use, which is not identified in section 10-25-1 of this title, appendix A, table of uses.

      5.   To take any other action, or make any decision, not expressly provided by this section.

   C.   Membership; Appointment, Removal, Terms, And Vacancies:

      1.   The LUHO shall consist of a single person.

      2.   The BOCC shall appoint the LUHO.

      3.   The BOCC may remove the LUHO with cause in writing.

      4.   The LUHO shall serve with compensation, and the BOCC shall provide for reimbursement to the LUHO for approved actual expenses incurred, upon presentation of proper receipts.

      5.   The LUHO shall serve a term of five (5) years. The LUHO shall not be automatically reappointed.

   D.   Recording Secretary: The recording secretary shall keep the minutes of all proceedings of the LUHO, which minutes shall be the official record of all proceedings before the LUHO. The minutes of all meetings of the LUHO shall be filed in the office of the county clerk. All such records shall be available for public review and access in accordance with GRAMA. The recording secretary shall be compensated as approved by the BOCC.

   E.   Effective Date Of Decisions: All decisions of the LUHO shall become effective on the date of the meeting when the decision is made, unless a different date is designated by the LUHO at the time the decision is made.

   F.   Meetings, Hearings, And Procedure:

      1.   Regular meetings of the LUHO shall be held as required. (Ord. 12-12-04, 12-4-2012)

The officers and staff of the county shall provide support and assistance to the BOCC, commission, county planner/zoning administrator and LUHO, as required to effectively implement the general plan and land use ordinances. (Ord. 12-12-04, 12-4-2012)

All meetings and hearings of the BOCC, commission, and LUHO required by the land use ordinances, including this title, shall comply with the provisions for such meetings and hearings, and the requirements of the Utah Code Annotated, as amended, for open and public meetings. (Ord. 12-12-04, 12-4-2012)

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

   A.   An essential link exists between a legitimate governmental interest and each exaction; and

   B.   Each exaction is roughly proportionate, both in nature and in extent, to the impact being created by the proposed use, activity, or development. (Ord. 12-12-04, 12-4-2012)

The county shall comply with all requirements of the act when a billboard is acquired by the county by eminent domain, or when the county requires the removal of a billboard without compensation, or when a billboard is determined to be a nonconforming use or noncomplying structure. (Ord. 12-12-04, 12-4-2012)

   A.   The county may acquire property through purchase, gift, voluntary dedication, or eminent domain.

   B.   A land use authority may require the public dedication and improvement of a road, street, or other infrastructure or facility if the county, because of a proposed use activity or development finds the road, street, or other infrastructure or facility necessary, and with a finding that such requirement complies with the standards of section 10-2-8 of this chapter. (Ord. 12-12-04, 12-4-2012)