Park City City Zoning Code

There is hereby created a City Planning Commission to consist of seven (7) members. Members shall be appointed by the Mayor with advice and consent of the Council. Alternate members may also be appointed, which the Mayor may appoint with advice and consent of the Council.

Any Planning Commission member may be called before the City Council and asked to resign or be removed for cause by the Council:

1. who is absent from two (2) consecutive regularly scheduled meetings, or a total of four (4) regularly scheduled meetings per calendar year,
2. who violates Title 3, Ethics,
3. who uses public funds for a political purpose under Utah Code Title 20A Chapter 11, Part 12 Political Activities of Public Entities Act,
4. who violates a provision of Utah Code Title 10, Chapter 3, Part 13 Municipal Officers' and Employees' Ethics Act,
5. who acts with the intent to influence a land use decision or an appeal of a pending land use application in a manner that creates actual impermissible bias or an unacceptable risk of impermissible bias in the Planning Commissioner's administrative or quasi-judicial duties.
   

Appointments to the Planning Commission shall be made on a basis which fairly represents the interests of all residents of the community.

The Planning Commission shall have all necessary authority conferred on Planning Commissions pursuant to Chapter 9a of Title 10, Utah Code, as amended, and such other powers as are conferred on it by the City Council.

The Planning Commission shall on or after the second Wednesday in July each year, after appointment of new members, elect one of its members to serve as Chair for a term of one (1) year. The Chair may be elected to serve for one (1) consecutive additional term, but not for more than two (2) successive terms. The Chair may participate in discussions, but shall have no vote except in case of a tie vote by the members of the Commission.

The Planning Department shall assist the Commission with technical matters. In order to assist the Planning Commission in carrying out its duties, the Planning Commission may request the assistance of other employees or agents of the City.

The Planning Commission members shall receive an allowance for each meeting attended, as established by the City Council. 

The Planning Commission shall act as a non-political, long range planning body for the City. Review of specific projects shall be limited to those matters specifically requiring their consideration, and to the monitoring and reviewing of decisions of the Planning Department. The Planning Commission shall review those matters designated in Section 15-12-15 herein.

The Planning Commission shall establish procedures for its own hearings governing presentations of projects and public responses, and public impact or comment on specific projects or general issues. Notice for all agenda items pending action shall be according to the Notice Matrix as stated in Section 15-1-21. 

The Rules of Order and procedure for use by the Planning Commission in all public meetings shall be the Rules of Order and procedure adopted by City Council unless the Planning Commission adopts its own Rules.

The Planning Commission shall keep official minutes of its meetings, which shall be permanently stored with the City Recorder. All meetings shall comply with Title 52, Chapter 4, Open and Public Meetings, of the Utah Code, as amended. 

Written minutes shall be kept of all Commission meetings. Such minutes shall include:

1. The date, time and place of the meeting;
   
2. The names of members present and absent;
   
3. The substance of all matters proposed, discussed, or decided, and a record, by individual member, of votes taken;
   
4. The names of all citizens who appeared and the substance in brief of their testimony; and
   
5. Any other information that any member requests be entered in the minutes.

   
   The minutes are public record and shall be available within a reasonable time after the meeting.

All decisions of the Planning Commission shall be included in the minutes. Where written findings are required, the findings may be prepared separately, but shall be incorporated into the minutes.

The Commission shall not conduct any business at a meeting without a quorum. A quorum shall consist of a majority of the appointed members of the Commission, including the Chair for computation purposes. 

1. Actions of the Commission pass by majority vote. A majority is a simple majority of those members participating in the meeting and entitled to vote on the matter under consideration. The vote of the Chair shall be counted only when he or she votes in order to break a tie vote of the other Commission members. The Commissioner elected Chair Pro Tem shall, at all times, be entitled to cast his or her vote as a member of the Commission, including those occasions on which he or she is acting as Chair Pro Tem. All votes shall be a simple majority.

1. General planning and review of specific Development projects by the Planning Commission shall be divided into the following functions: 
   
   1. City General Plan and General Plan amendments review and recommendation to City Council;
      
   2. Annexation and zoning review with recommendation to City Council;
      
   3. Land Management Code and re-zoning review with recommendation to City Council;
      
   4. Subdivision approval;
      
   5. Master Planned Development and Affordable Master Planned Development approval;
      
   6. Conditional Use permit ratification of findings of fact, conclusions of law and conditions of approval, if applicable;
      
   7. Consent agenda items;
      
   8. Review of appeals of Planning Director Final Action on land use applications;
      
   9. Subdivision and Condominium plat and plat amendment approval;
      
   10. Sensitive Lands review; and 
       
   11. Extension of Conditional Use permit and Master Planned Development approvals.
       
2. The scope of review for each of these functions is as follows:
   
   1. CITY GENERAL PLAN REVIEW. The Planning Commission shall have the primary responsibility to initiate and update the City General Plan, including planning for adequate Streets and utilities, parks, trails, recreation facilities, housing, and open space. The Commission shall consider long-range zoning and land use objectives, protection of Sensitive Lands, and shall conduct periodic review of existing plans to keep them current.
      
   2. ANNEXATION REVIEW. The Commission shall review all annexation requests according to the Utah State Code regarding annexations, including Section 10-2-401.5, regarding adoption of an annexation policy plan, and shall make a recommendation to City Council for action. The Commission shall recommend zoning on land to be annexed.
      
   3. LAND MANAGEMENT CODE AND REZONING REVIEW. The Commission shall initiate or recommend zone changes and review the Land Management Code Development standards within zones. The Commission shall hear all requests for zone changes and forward a recommendation to City Council for action. The Commission shall have the primary responsibility to review amendments to the Land Management Code and shall forward a recommendation to the City Council. 
      
   4. SUBDIVISION APPROVAL. The Planning Commission shall review all applications for Subdivisions under the provisions of Chapter 15-7.
      
   5. MASTER PLANNED DEVELOPMENT AND AFFORDABLE MASTER PLANNED DEVELOPMENT APPROVAL. The Planning Commission shall review proposals for Master Planned Development pursuant to Chapter 15-6 and Affordable Master Planned Development pursuant to Chapter 15-6.1. 
      
   6. RATIFICATION OF CONDITIONAL USE PERMITS. The Planning Commission has the authority to review and ratify or overturn all actions of the Planning Department regarding Conditional Use permits. In reviewing requests for Conditional Use permits, the Commission shall consider the Conditional Use process and review criteria as stated in Section 15-1-10. In approving or denying a Conditional Use permit the Commission shall ratify and include in the minutes of record the findings of fact, conclusions of law, and conditions of approval, if applicable, upon which the decision to approve or deny was based.
      
   7. CONSENT AGENDA ITEMS. The following items may be placed on the consent agenda, if the Application is uncontested, or if a public hearing has already been conducted and has been closed by formal action of the Planning Commission:
      
      1. Conditional Use permits, including Steep Slope Conditional Use permits;
         
      2. Plat and plat amendment approvals;
         
      3. Requests for time extensions of Conditional Use permit, Master Planned Development, and plat approvals;
         
      4. Other items of a perfunctory nature, which the Chair directs the Department to place on the consent agenda for action.
      All items on the consent agenda shall be passed or denied by a single motion at the Commission meeting, unless a motion to remove a specific item is made. If a member of the public or a member of the Planning Commission requests a public hearing on a consent agenda item, then the item shall be removed from the consent agenda. When an item is removed from the consent agenda, it shall be acted on at the same meeting at which the removal occurs, unless the Applicant requests the item be continued in order to prepare additional information to respond to the Commissions concerns.
      
   8. REVIEW OF APPEALS OF THE PLANNING STAFF’S FINAL ACTION ON A LAND USE APPLICATION. See Section 15-1-18.
      
   9. SUBDIVISION AND CONDOMINIUM PLAT AND PLAT AMENDMENT REVIEW. The Commission shall review all plats affecting land within the City limits or annexations to the City, according to Chapter 15-7. The scope of review on plat approval is limited to finding substantial compliance with the provisions of the state statute on recording of plats, and that all previously imposed conditions of approval, whether imposed by the Staff or the Commission have been satisfied. 
      
      Upon finding that the plat is in compliance with the state statute, and that conditions of approval have been satisfied, the plat must be approved.
      
   10. SENSITIVE LANDS REVIEW. Any project falling within the Sensitive Lands Area Overlay Zone is subject to additional requirements and regulations as outlined in the Sensitive Area Overlay Zone Regulations, Chapter 15-2.21.
       
   11. EXTENSION OF CUP AND MPD APPROVAL. See Sections 15-1-10(G) and 15-6-4(J).

Planning Commissioners must comply with disclosure and recusal requirements found in Title 3 Ethics and the Utah Code.

Each member of the Planning Commission is required to complete annual training pursuant to the requirements of Utah Code Section 10-20-302(5).