A.

Mountainous planning district map. The area of the mountainous planning district is hereby designated according to the mountainous planning district map that is on file with the county clerk, and such map is made by this reference a part of this title as if fully described and detailed herein. The map of the mountainous planning district may be examined by the public subject to any reasonable regulations established by the county clerk. All of the area within the mountainous planning district map meets the following criteria:

1.

The area is primarily used for recreational purposes, including canyons, foothills, ski resorts, wilderness areas, lakes and reservoirs, campgrounds, or picnic areas within the Wasatch Range;

2.

The area is used by residents of the county who live inside and outside the limits of a municipality;

3.

The total resident population in the mountainous planning district area is equal to or less than five percent of the population of the county; and

4.

The area was within the unincorporated area of the county before May 12, 2015; and

5.

The area includes land designated as part of a national forest on or before May 9, 2017.

B.

Boundary location rules. Where uncertainty exists as to the boundary of the mountainous planning district, the following rules shall apply:

1.

Wherever the boundary is indicated as being approximately upon the centerline of a street, alley or block, or along a property line, then, unless otherwise definitely indicated on the map, the centerline of the street, alley or block, or such property line shall be construed to be the boundary of the mountainous planning district.

2.

Whenever such boundary line of the mountainous planning district is indicated as being approximately at the line of any river, irrigation canal, or other waterway or railroad right-of-way, or public park, or other public land, or any section line, then in such cases the center of the stream, canal or waterway, or of the railroad right-of-way, or the boundary line of such public land or such section line shall be deemed to be the boundary of the mountainous planning district.

3.

Where the application of the above rules does not clarify the mountainous planning district boundary location, the land use hearing officer shall interpret the map.

(Ord. No. 1814, § II, 8-1-17; Ord. No. 1787, § II, 10-27-2015)

A.

Creation.

1.

There is hereby created a mountainous planning district, consisting of the area described in Section 19.07.010 of this chapter.

2.

There is hereby established a mountainous planning district planning commission ("planning commission").

B.

Powers and Duties. The planning commission shall have the following powers and duties:

1.

Make and recommend to the county council a general plan and amendments to the general plan for the mountainous planning district;

2.

Prepare and recommend to the county council land use ordinances and a zoning map and amendments thereto for the mountainous planning district;

3.

Consider and recommend to the county council a subdivision ordinance and amendments thereto for areas within the mountainous planning district;

4.

Recommend proposed application processes and the appropriate delegation of power to at least one land use authority and at least one appeal authority as provided in Section 17-27a-302 of the Utah Code.

5.

Act as the land use authority as provided in Section 19.07.030;

6.

Advise the county council on matters that the county council directs;

7.

Provide other functions as specified in this chapter or as directed by the county council.

C.

Membership, Appointment, Terms, Removal, and Vacancies:

1.

The planning commission shall initially be composed of nine members appointed by the mayor with the advice and consent of the county council. After June 30, 2017, the nine members of the planning commission shall be appointed as follows:

a.

Five of the nine members of the planning commission, filling positions on the planning commission identified as MPD planning commission seats 1 through 5, shall be appointed by the mayor with the advice and consent of the county council.

b.

Four of the nine members of the planning commission, filling positions on the planning commission identified as MPD planning commission seats A through D, shall be appointed as provided in Subsection (C)(2) below.

2.

When there is a vacancy in one of the four planning commission seats designated in Subsection (C)(1)(b) of this section:

a.

The mayor shall send a written request to the city associated in Subsection (C)(3) of this section with the vacant planning commission seat to provide a list of no less than two but no more than three individuals to fill the vacancy.

b.

The notified city shall respond to the written request within sixty days after the day on which the city receives the written request.

c.

After the mayor receives the notified city's list of no less than two but no more than three individuals, the mayor shall select one individual from the list to be appointed with the advice and consent of the county council to fill the vacancy.

d.

If the notified city fails to timely respond to the written request, the mayor may proceed to appoint any individual to fill the vacancy as provided in Subsection (C)(l)(a) of this section.

3.

The following cities are hereby designated to be notified of any vacancy occurring in the planning commission seats identified in Subsection (C)(1)(b) above as follows:

a.

Salt Lake City - MPD planning commission seat A.

b.

Millcreek - MPD planning commission seat B.

c.

Cottonwood Heights - MPD planning commission seat C.

d.

Sandy City - MPD planning commission seat D.

4.

The mayor, with the advice and consent of the county council may also appoint up to two alternate members of the planning commission, filling positions on the planning commission identified as MPD alternate 1 and MPD alternate 2. Alternate members must meet the qualifications of the other planning commission members.

5.

All members of the planning commission shall serve a term of three years, except that in the case of the first planning commission appointed under the provisions of this section, three members shall be appointed for an initial term of one year, three members shall be appointed for an initial term of two years, and the remaining three members shall be appointed to serve a full three-year term. Any alternate members of the planning commission shall be appointed to serve a term of four years. In the event a term of a member shall expire without a successor having been appointed, the member shall continue to serve until a successor has been appointed and the term of the successor shall terminate on the same day as though the successor was appointed in a timely manner. Any vacancy created during the term of a member shall be filled for only the remainder of the unexpired portion of that term. No member shall serve more than two consecutive full terms.

6.

The planning commission shall elect a chair and vice chair from among its members to sit for one year terms and may, by majority vote, adopt rules regarding its activities, which rules may not be in conflict with the Land Use, Management and Development Act, Utah Code Ann. §17-27a-101 et. seq., or this chapter. The chair shall be considered for purposes of establishing a quorum and shall act as a voting member.

7.

Except as provided in Subsection (C)(2) of this section, any vacancy occurring on the planning commission by reason of death, resignation, removal or disqualification shall be filled by the mayor with the advice and consent of the county council for the unexpired term of such member.

8.

The mayor with advice and consent of the county council may remove for cause any member of the planning commission upon the filing of written charges against the member and after a public hearing on the charges conducted by a hearing officer appointed by the mayor if requested by the member.

9.

Quorum: No meeting of the planning commission shall be official or of any effect except when a quorum of the members are present. Five members of the planning commission shall constitute a quorum. All actions shall require the concurring vote of a majority of the members present, unless stricter voting procedures are established by the planning commission.

D.

Qualifications for Membership:

1.

Planning commission members must be registered voters who reside either in the unincorporated or incorporated areas of Salt Lake County.

2.

Two planning commission members shall reside within any of the following: the mountainous planning district, the town of Brighton, and/or the town of Alta.

3.

One planning commission member shall reside west of Interstate 15 within any municipality.

4.

Four planning commission members shall reside in the cities identified in Subsection (C)(3).

5.

The remaining planning commission members shall represent areas located in the unincorporated and incorporated county. In appointing planning commission members, the mayor and county council shall endeavor to provide as much geographically balanced representation as is practicable.

E.

Jurisdiction: The planning commission shall have jurisdiction regarding all pending and future planning and zoning matters and proceedings within the mountainous planning district area.

F.

Meetings:

1.

The planning commission shall establish a regular meeting schedule.

2.

The planning commission must comply with Title 52, Chapter 4, Open and Public Meetings Act.

(Ord. No. 1884, § III, 10-5-2021; Ord. No. 1814, § II, 8-1-2017; Ord. No. 1787, § II, 10-27-2015)

A.

Land use authority designation. Except as otherwise provided herein, the planning commission is designated as the land use authority pursuant to state law as provided in this title and is authorized to act to the same extent as any other planning commission under this Code, including for the following land use applications:

1.

Mobile home parks as provided in Title 15, Chapter 24;

2.

Subdivisions as provided in Title 18, Chapter 08;

3.

Preliminary plats as provided in Title 18, Chapter 12;

4.

Planned unit developments as provided in Title 19, Chapter 78;

5.

Conditional use permits as provided in Title 19, Chapter 84;

6.

Modifications to designated county historical sites as set forth in Title 19, Chapter 86;

7.

Nonconforming uses and special exceptions as set forth in Title 19, Chapter 88.

(Ord. No. 1787, § II, 10-27-2015)