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Mona City Zoning Code

10-3 PLANNING

AND ZONING

10-3-1 PLANNING COMMISSION CREATED, AUTHORITY AND APPOINTMENT

There is a created and established Planning Commission. The Planning Commission shall be an advisory body to the City Council on legislative matters pertaining to the general plan, subdivision and land use legislation, as applicable. Members of the Planning Commission shall be appointed by the Mayor, with advice and consent of the City Council.

HISTORY
Adopted by Ord. 9-8-15 on 9/8/2015

10-3-2 POWERS AND DUTIES

The Planning Commission shall have the following powers and duties:

  1. Prepare, or cause to be prepared, the proposed general plan, any proposed plan element, and amendments to the plan, and to submit the proposed plan, element or amendments to the City Council;
  2. Prepare, or cause to be prepared, the proposed land use ordinance, any amendments, and to submit the ordinance or amendments to the City Council;
  3. Hear, review and recommend approval or denial of all applications for a general plan amendment, zoning ordinance text amendment or zoning districts map amendment (rezone);
  4. Hear, review and recommend approval or denial of subdivision applications to the City Council, as authorized by the subdivision ordinance;
  5. Hear, review and recommend approval or denial of a conditional use application, to the City Council;
  6. Advise the City Council on all other matters as the Council may direct;
  7. Solicit the state property rights ombudsman to provide an advisory opinion on any land use application.
HISTORY
Adopted by Ord. 9-8-15 on 9/8/2015

10-3-3 MEMBERSHIP, REMOVAL, TERMS AND VACANCIES

  1. The Planning Commission shall consist of five members, with an optional alternative member. At times when it is not possible to have five members, the Commission must have at least three members in order to meet the requirements for a quorum.
  2. The members of the Planning Commission shall be residents of the city or the surrounding area.
  3. The Mayor, with advice and consent of the City Council, may remove any member of the Planning Commission for a violation of the city code, failure to complete their duties as a member of the Planning Commission, or any policies or procedures adopted by the Planning Commission, following receipt of a written complaint from another Planning Commission member or City Council member filed against the Commission member.
  4. Members of the Planning Commission may be compensated on a per diem basis, based upon meetings actually attended and reasonable and necessary expenses, as determined by the City Council.
  5. At an annual organizational meeting to be held the first regular meeting in the new calendar year, or at other times as required, the members of the Planning Commission shall recommend one of their members to serve as the Chair for the upcoming calendar year, 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.
  6. Planning Commission vacancies occurring for any reason shall be filled by appointment by the Mayor with advice and consent of the City Council.
HISTORY
Adopted by Ord. 9-8-15 on 9/8/2015

10-3-4 RECORDS MAINTAINED

The Planning Commission shall have a secretary assigned to them. The secretary shall keep the minutes of all proceedings of the Planning Commission, which minutes shall be the official record of all proceedings before the Planning Commission. All such records shall be available for public review and access in accordance with the government records and access management act.

HISTORY
Adopted by Ord. 9-8-15 on 9/8/2015

10-3-5 CONDUCT OF MEETINGS

No meeting of the Planning Commission shall be called to order, or any business transacted, without a quorum consisting of at least three members of the Planning Commission being present. To ensure a quorum is present, the City Council liaison to the Planning Commission may be called by the chair to assist the Planning Commission in having three members present by serving, for that meeting, as a voting ad hoc member of the Commission. The Planning Commission shall transmit reports of its recommendations and decisions to the City Council. Any member of the Planning Commission may also make a concurring or dissenting report or recommendation to the City Council.

HISTORY
Adopted by Ord. 9-8-15 on 9/8/2015

10-3-6 MEETING SCHEDULE, HEARINGS AND PROCEDURES

At the first scheduled Planning Commission meeting at the beginning of each calendar year, the Planning Commission shall establish a monthly meeting schedule. Special meetings may be requested by a majority of the Planning Commission, or by the Chair. When a matter is postponed due to lack of a quorum, the matter shall be rescheduled to the next available Planning Commission meeting. The Secretary shall notify all members of the Planning Commission of the date when the rescheduled matter will be heard by the Planning Commission.

HISTORY
Adopted by Ord. 9-8-15 on 9/8/2015

10-3-7 BUILDING PERMITS

  1. Conformance Required: 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.
  2. Applicability of Transportation and Circulation Map:
    1. 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 the transportation and circulation map. However, by special exception, the legislative body, 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 legislative body, upon the evidence, finds that:
      1. 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. Balancing the interest of the city 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. Denying the special exception would constitute an unconstitutional prohibition of development of the property.
    2. In the event that the legislative body decides to grant a special exception, 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 or structure, or part, to be permitted.
HISTORY
Adopted by Ord. 9-8-15 on 9/8/2015

10-3-8 OCCUPANCY PERMIT

An occupancy permit may be issued after a final inspection has been completed, and all other conditions set forth by the Planning Commission and City Council are met. No structure may be lived in or occupied until an occupancy permit is obtained. Buildings occupied before a permit is issued are subject to a $1,500 fine and utility shutoff. Utilities will remain off until the fine is paid, and an occupancy permit is issued.

HISTORY
Adopted by Ord. 01-26-16 on 1/26/2016

9-8-15

01-26-16