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Millcreek City Zoning Code

18.03 REVIEW

BODIES AND LAND USE AUTHORITY

18.03.010 Planning Commission

  1. Purpose. It is the intent of this Land Use Code that a Planning Commission be created which will represent the concerns of diverse citizen groups, as well as the broad interests of the community as a whole, and reflect the laws of the State; that membership of this Planning Commission provide balanced representation in terms of geographic, professional, neighborhood and community interest; and that a wide range of expertise relating to development of a healthy and well-planned community be sought when establishing or altering the composition of the membership of the Planning Commission. Suggested interests from whom expertise might be selected are as follows: banking, development, contracting, engineering, geology and seismology, law, ecology, behavioral sciences, historic preservation, architecture, and landscape architecture. It is not, however, intended that the composition of the Planning Commission be limited to professionals, but rather, that it represents a cross-section of the community.
  2. Composition. The Planning Commission shall be comprised of nine members. Members of the Planning Commission shall be appointed by the Mayor, with the advice and consent of the City Council; except for the initial terms as provided below, terms shall be for four years. Appointment shall be by resolution of the City Council. Members of the Planning Commission may serve successive terms. All appointed members of the Commission must be bona fide residents and qualified electors of Millcreek.
  3. Powers and Duties. The Commission shall:
    1. Make a recommendation to the City Council for a general plan and amendments to the general plan;
    2. Make a recommendation to the City Council for land use ordinances, zoning maps, official maps, and amendments;
    3. Make a recommendation to the City Council for the proper delegation of power to at least one land use authority to hear and act on all other land use applications;
    4. Be the designated land use authority to hear and act on land use applications for major subdivisions, including major Regular Residential Subdivisions;
    5. Make a recommendation to the City Council for the proper delegation of power to at least one land use appeal authority to hear and act on an appeal from a decision of the land use authority; and
    6. Administer application processes that:
      1. May include a designation of routine land use matters that, upon application and proper notice, will receive informal streamlined review and action if the application is uncontested; and
      2. Shall protect the right of each:
        1. applicant and third party to require formal consideration of any application by a land use authority;
        2. applicant, adversely affected party, or municipal officer or employee to appeal a land use authority's decision to a separate appeal authority; and
        3. participant to be heard in each public hearing on a contested application; and
    7. Exercise any other powers necessary to enable it to perform its functions delegated to it by the City Council or conferred upon it by statutes of the state of Utah.
  4. No Compensation or Reimbursement. Unless the City Council modifies this policy, members of the Planning Commission will not receive compensation or reimbursement for any expenses.
  5. Removal and Vacancy. The Mayor may remove members of the Planning Commission may be removed by the Mayor with the advice and consent of the City Council. The Mayor shall promptly fill any vacancy occurring on the Planning Commission with the advice and consent of the City Council for the unexpired term of such member. The Mayor shall also promptly fill any vacancy on the Planning Commission due to the expiration of a term, with the advice and consent of the City Council.
  6. Planning Commission Procedures.
    1. The Planning Commission shall annually elect a chair, a vice chair, and such other officers as it deems advisable from among its members. The chair and such other officers elected by the Planning Commission shall serve for a term of one year and may serve successive terms.
    2. Five members of the Planning Commission shall constitute a quorum.
    3. The Planning Commission shall adopt rules of order and procedure for use by the Planning Commission in public meetings and for any other purposes considered necessary for the functioning of the Planning Commission. Such policies and procedures shall be approved by the City Council before taking effect.
    4. The Planning Commission shall establish its meeting schedule, which the City Council shall approve before taking effect. All meetings, including any necessary public hearings, shall be held after regular working hours. The Planning Commission’s meetings and public hearings of the Commission shall be public meetings as set forth in Utah Code Section 52-4-101 et seq, Open and Public Meetings Act, and shall be held in a designated public place.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025

18.03.020 Land Use Hearing Officer (LUHO)

  1. Creation. A Land Use Hearing Officer (LUHO) is hereby created as set forth in Utah Code Chapter 10-9a, Municipal Land Use, Development, and Management Act. It is the intent of the City Council that the Land Use Hearing Officer (LUHO) satisfies the requirement of the above-referenced statute for an appeal authority to hear and decide requests for appeals from decisions applying land use ordinances.
  2. Composition And Organization
    1. The LUHO consists of one member, appointed by the Mayor, with the advice and consent of the City Council, for a term determined at the time of appointment.
    2. The Mayor, with the advice and consent of the City Council, shall promptly fill any vacancy on the authority for the unexpired term of the member whose office is vacant.
    3. The LUHO shall be organized as deemed appropriate and as approved by the City Council.
  3. Hearings, Meetings, and Due Process
    1. The LUHO shall hold hearings or meetings as necessary and shall not have ex-parte contacts. It shall have the authority to administer oaths, provide an opportunity for cross- examination, and direct the proceedings in a quasi-judicial manner, so that each participant’s due process rights are respected. All hearings must be open to the public and recorded.
    2. Notice Requirements. Noticing shall be as set forth in MKZ 18.14.080, Public Notice.
    3. Upon request Millcreek will provide copies to all parties of public regarding the matter. Otherwise, no discovery shall be allowed except as specifically ordered and scheduled by the LUHO.
    4. Hearings or meetings shall be conducted with appropriate formality and decorum to protect due process rights. The Utah Rules of Evidence and Rules of Civil Procedure are used as guidelines and are not strictly followed or applied. The rules regarding authorization, foundation, hearsay, or relevance shall not be strictly applied.

25-12