The Town's Planning Commission consists of at least five and no more than seven full-time members who must be residents of the Town. One ex officio member representing Zion National Park may be added to the Planning Commission to provide broader, canyon-wide input. Each member is appointed by the Mayor with the advice and consent of the Town Council. The term of office for each member of the Planning Commission must be three years, except where a shorter term is necessary to provide for staggered terms among commission members. Each term begins on or before the first Monday in February each year.

A.

In the event of any vacancy on the Planning Commission, the Mayor with the advice and consent of the Town Council may appoint an individual to fill the vacancy for the remainder of the unexpired term.

B.

No member of the Town Council may serve concurrently on the Planning Commission.

C.

Members will be selected without respect to political affiliation, race, religion, or gender.

D.

Candidates for appointment to the Planning Commission should have a genuine interest in the community, dedication to successful planning and to the preservation of a high quality of life for residents of the Town, integrity, and a commitment to work. They should study and attend Planning Commission meetings.

E.

The Town Council may fix per diem compensation for the members of the Planning Commission, based on necessary and reasonable expenses and on meetings actually attended.

F.

The Planning Commission must elect a chair from its membership and may adopt reasonable policies and procedures for the transaction of business pursuant to section 10-5-4 of this chapter.

G.

The Mayor may appoint one or two alternate members of the Planning Commission, who will serve in the absence of a member or members of the Planning Commission under policies and procedures established by the Planning Commission. Except as just provided, alternate members shall be appointed and serve as described in this section.

Except when otherwise expressly provided, the Planning Commission has the following duties:

A.

State requirements: Perform all functions and duties required of a Planning Commission by U.C.A. Title 10, Chapter 9a, as may be amended from time to time.

B.

Conditional use permits: Review all applications for conditional use permits and recommend to the Town Council whether to approve, approve with conditions or deny said application as outlined within this title.

C.

Design/development review: Review and approve, conditionally approve, or disapprove design/development review applications as outlined within this title.

D.

Compliance, policy review: Submit recommendations to the Town Council on building permit applications that fall within the duties of the Planning Commission. Each recommendation will be based on the Planning Commission's review of the compliance with all of the provisions of this title and the policies and objectives of the General Plan, any amendment or element thereof, and any specific plan enacted for the area.

E.

General Plan preparation, review: Assist in the preparation and periodic review of the General Plan by establishing goals and policies as a guidance system for present and future development. Policies and programs in the plan should be revised and updated every five years.

F.

Land use regulations: Assist in the preparation and periodic review of the land use and development regulations to include zoning and subdivision ordinances, regulations governing open spaces, environmentally sensitive areas, density, landscaping, overall visual impact, architectural standards, building size and any other regulations to preserve the aesthetics and rural heritage of the Town.

G.

Understanding of provisions: Understand all applicable ordinances and conditions under which Planning Commission decisions are made.

H.

Public hearings, meetings: Hold public hearings and meetings in an effort to share information with the public about proposed development or ordinances and to give the citizens an opportunity to make comments and suggestions.

I.

Capital improvement programs: Assist in the preparation of the capital improvement programs to establish priorities for the improvements to existing facilities and the need for new or expanded facilities such as public buildings, water and sewer systems, roads, and parks.

J.

Other delegated duties and powers: Other duties and powers as delegated by the Town Council.

The Town Council will remove, by majority vote, any Planning Commission member who knowingly and intentionally violates the Municipal Officers' and Employees' Ethics Act. The Town Council may remove, by majority vote, a Planning Commission member or alternate for cause and after holding a public hearing on the proposed removal. A Planning Commission member or alternate shall be suspended immediately from his or her duties pending the outcome of the public hearing and the Town Council's decision. Cause is defined to mean a violation of any federal law or regulation, state law or regulation, or Town ordinance; a failure to perform any duty or responsibility of a Planning Commission member; or a conviction of a felony or misdemeanor involving moral turpitude.

The Planning Commission may, with the approval of the Town Council, establish reasonable policies and procedures with respect to matters within its jurisdiction. Any rule adopted under this section must be consistent with state law and the Town's ordinances.

The Director of Community Development (DCD) and any designee act as staff for the Planning Commission. The DCD is authorized to enforce the provisions of this title. The DCD need not be a resident of the Town, but should live sufficiently near to the Town to be readily available as needed. The DCD must be recommended by the Town Manager and appointed by the Mayor, with the advice and consent of the Town Council. As an employee of the Town, the DCD must abide by the rules governing his or her actions and conduct as adopted by resolution of the Town Council.

A.

Authority: The Planning Commission may direct that any matter over which it has jurisdiction be formally or informally referred to the Planning Commission staff for review and the preparation of recommendations.

B.

Referral; instructions: If a matter is referred to the Planning Commission staff as permitted by subsection A., the staff shall conform to all detailed instructions or limitations contained in the referral, and subject thereto, shall review the referred matter and conduct any necessary hearings and shall prepare written recommendations for the Planning Commission, including a recommendation on conditional use permit applications.

C.

Alternative action: If the Planning Commission staff determines, for any reason, that the work delegated to it is too complicated, or is outside of its expertise, or is beyond its authority, or creates a conflict of interest, whether real or perceived, or for any other reason cannot accomplish the responsibility conferred to them, by any section of this title or other ordinances of the Town, the Director of Community Development may in turn refer the decision, review, or report back to the Planning Commission with recommendations regarding how to address the issue for its consideration.

A majority of the voting members of the Planning Commission shall constitute a quorum. The minimum number of "yes" votes required to pass any issue, application, and any other matter on which a Planning Commission vote is required is a majority of the members of the quorum, but must be at least three.