Monroe City Zoning Code

1. Organization: The City hereby establishes an Appeal Authority pursuant to §10-9a-103 of Utah State Code (as amended) to hear requests for variances from this title and appeals from decisions applying this title. The Appeal Authority shall be an individual appointed by the Mayor, with the advice and consent of the Council. The Mayor shall appoint a qualified staff member to serve as secretary to the Appeal Authority. The City Recorder, Mayor, or City Attorney must be present for the Appeal Authority to conduct business and for any action to be taken.
2. Length Of Term: The Appeal Authority shall be appointed on an as-needed basis. An Appeal Authority's term expires on December 31 or at such other time as agreed upon in writing by the Council. The Appeal Authority may be removed by the Mayor, with the advice and consent of the Council. Upon the expiration of an Appeal Authority's term, a new Appeal Authority shall be filled by appointment by the Mayor, with the advice and consent of the Council. The Mayor may appoint or continue an appointment of an individual who has previously served as Appeal Authority, with the advice and consent of the Council.
3. Absence And Removal: The Appeal Authority may be removed by the Mayor, with the advice and consent of the City Council due to excessive absences. The failure of the appointed Appeal Authority to carry out their functions and duties shall be immediate grounds for dismissal.
4. Meetings: All meetings conducted by the Appeal Authority shall be in conformance with the Utah Open and Public Meetings Act. The Appeal Authority shall keep an electronic recording of its appeals and its proceedings showing its decisions on each question, and a record of the Appeal Authority's examination of evidence and other official actions. The Appeal Authority shall keep minutes of all meetings and proceedings. Minutes shall be filed with the City Recorder upon adoption by the Appeal Authority, and then shall be made available to the public.
5. Policies And Procedures: The Appeal Authority shall follow rules of order and procedures as used by the Planning Commission and City Council. In all proceedings, the Appeal Authority shall respect and uphold the due process rights of all parties.
6. Powers And Duties: The Appeal Authority shall call meetings as needed and may administer oaths and compel the attendance of witnesses. The Appeal Authority shall hear and decide appeals from final land use decisions applying this title; and variances from the terms of this title.
7. Appeals: Any person aggrieved by a final decision interpreting or applying this ordinance, may make an appeal to the Appeal Authority. Legislative actions, including code amendments and zone changes, and recommendations from staff or the Planning Commission that do not constitute final action are not subject to appeal. All land use appeals shall be made according to the following procedure:
8. The appeals shall be made within ten (10) days of the action or decision being appealed by filing a written notice of appeal with the City Recorder.
9. The notice of appeal shall specify all grounds for the appeal, the circumstances related thereto, and present all theories of relief that may be raised in district court. Such notice shall set forth in detail the action and grounds upon which the applicant or other interested parties deem themselves aggrieved. A notice failing to specify grounds for appeal may be summarily dismissed by the Appeal Authority.
10. All documents and exhibits constituting the record upon which the action appealed was made shall be presented to the City Recorder with the notice of appeal. If the applicant does not have access to the information constituting the record, such information shall be provided to the Appeal Authority and the applicant by the City Recorder.
11. The Appeal Authority or City Recorder shall set the date for the appeal hearing to be held thirty (30) days from the day the appeal is received, or at such other time as the parties may agree upon in writing. Written notice of the date set for hearing the appeal shall be mailed to the applicant at least ten (10) days before the appeal hearing date.
12. The filing of an appeal shall stay all proceedings and actions in furtherance of the matter appealed, pending decision of the Appeal Authority. The stay shall exist unless the Appeal Authority finds, after the notice of appeal has been filed, that the stay would cause imminent peril to life or property. In such a case, proceedings shall not be stayed, other than by an appropriate order issued by a court having jurisdiction.
13. Scope Of Review:
14. The Appeal Authority shall limit its review on appeal to the record upon which the original action was based, including, but not limited to, the original application, written recommendations form the City staff, minutes, recordings, transcripts, letters, petitions, reports, or other technical data submitted by the applicant in furtherance of the application. The Appeal Authority shall presume that a land use decision is valid ,and shall uphold the decision if they determine that the decision is supported by substantial evidence and is not illegal.
15. The appeal Authority shall allow the appealing party or designated representative and the decision maker or representative the opportunity to present appropriate oral argument with regard to the issue appealed, provided that such argument shall be limited to the record of proceedings and the matters raised in the notice of appeal. Such oral argument may be limited as appropriate by the Appeal Authority. The Appeal Authority shall not receive or consider any new evidence in the form of exhibits, affidavits, or testimony, other than the oral argument provided under this section.
16. Action Taken: After hearing the appeal, the Appeal Authority may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer or body from which the appeal is made. The Appeal Authority shall issue its decision in writing.
17. Judicial Review Of Decision:
18. Time Limitation: Any person aggrieved by any decision by the Appeal Authority may file an action for relief therefrom in any court of competent jurisdiction within thirty (30) days after the filing of the decision of the Appeal Authority. A copy of said action is to be filed with the City Recorder.

HISTORY:

Ord. 3-1-2024, 4/9/2024

The Monroe City Planning Commission shall consist of five (5) members, each to be appointed by the Mayor, with the advice and consent of the Council. The Council may designate, by resolution, the composition of the Planning Commission. It is the intent of these sections governing the Planning Commission shall not consist of members, all of whom are from the same field of expertise. The five (5) members of the Planning Commission shall be residents of the City for at least one (1) year. The members shall hold no other public office or position within the City. The Mayor, with the advice and consent of the Council may appoint alternate members to the Planning Commission, who shall participate and vote in circumstances where a regular member is absent or unable to vote.

13.4.1.1 Term Of Office

The terms of the appointed members of the Planning Commission shall be for five (5) years. All Planning Commission members' terms shall be staggered so that no more than one (1) member's term shall expire at the same time. The Planning Commission existing at the time of passage of these sections regulating the Planning Commission shall continue to serve, and the term of its members shall be fixed by the Council in such a manner as to comply with the above provisions for staggering terms of service.

13.4.1.2 Vacancies And Removal For Cause

Vacancies of appointed members occurring otherwise than through the expiration of terms shall be filled for the remainder of the unexpired term by appointment of the Mayor, with the advice of the Council. The Mayor, with the advice and consent of the Council, shall, have the right to remove any member of the Planning Commission, for reasons including, but not limited to, misconduct and non-performance of duty. Non-performance of duty shall include attendance at less than seventy-five percent (75%) of Planning Commission meetings during the course of a year unless the absences are justifiable and excused with reasonable advance notification.

13.4.1.3 Compensation

The Planning Commission shall serve as volunteers without compensation, except that the Council shall provide for reimbursement of the Planning Commissioners for approved actual expenses incurred in the line of duty, upon presentation of proper receipts and vouchers, or according to the regular City policy for the reimbursement of travel and expenditures, for prior approved actual expenses. Planning Commissioners may receive a small appreciate holiday gift.

13.4.1.4 Officers

The Planning Commission shall elect a chairperson and a chairperson pro-tempore form among its members, whose terms shall be for one (1) year. A chairperson may serve additional successive terms as governed by the members of the Planning Commission. The chairperson shall be appointed by the other members of the Planning Commission during the first meeting of each calendar year.

13.4.1.5 Meetings

The Planning Commission shall conduct scheduled meetings as required to perform their duties as described in this chapter. All meetings of the Planning Commission shall be open to the public in conformance with the Utah Open and Public Meetings Act.

13.4.1.6 Rules And Procedures

The Planning Commission shall adopt such rules and regulations governing its procedures as it may consider necessary or advisable, and shall keep a record(s) of its proceedings, which record(S) shall be open to inspection pursuant to §63G-2, Government Records Access and Management Act, of Utah State Code (as amended). Rules and procedures of the Planning Commission may be enacted or amended. Such regulations shall be presented to the Council for their approval or disapproval. Only after the formal approval of the Council shall such rules and regulations be enforceable.

3.4.1.7 Quorum And Vote

A quorum shall consist of three (3) members. Action  shall not be taken unless a quorum is present. At least three (3) votes shall be required in order to carry any motion. The chairman shall be a voting member.

3.4.1.8 Planning Commission Powers And Duties

The Planning Commission has the powers, duties and responsibilities outlined in §10-9a-302 of Utah State Code (as amended) and this section. For any matter on which the Planning Commission makes a recommendation, the Council may adopt or reject the matter either as proposed by the Planning Commission or after making any revision the Council considers appropriate. The Planning Commission's duties shall include:

1. Prepare and recommend a general plan and amendments to the general plan to the Council.
2. Recommend zoning ordinances and maps, and amendments to land use ordinances, zoning ordinances and maps to the Council.
3. Administer provisions of the zoning ordinances, where specifically provided in this ordinance.
4. Recommend subdivision regulations and amendments to those regulations to the Council as provided in this code as described in §10-9a-602 of Utah State Code (as amended).
5. Review conditional use/business license applications, and hold proper public hearings and meetings as required by state code and make recommendations for the above to the Council for final approval.
6. Planning Commission Chairperson or designee shall review and sign approval of all building permit applications along with the signature of the Mayor.
7. Advise the Council on matters as the Council directs concerning zoning and land use.
8. Hear or decide as the Land Use Authority any matter that the Council designates.
9. Exercise any other powers that are necessary to enable it to perform its function or as delegated by the Council.

HISTORY:

Ord. 3-1-2024, 4/9/2024