The land use authorities identified by this title shall have responsibilities for implementing and administering the Uintah County General Plan, this title, the Uintah County Subdivision Ordinance, and the county's other land use ordinances and resolutions, as provided and allowed by the Act. The county's land use authorities, with their respective responsibilities and other organization and functioning items, are identified by the following sections.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

A.

The BOCC is both a land use authority and appeals authority, as defined by the Act, and shall have the following powers and duties under this Title:

1.

To adopt, and to initiate amendments to the Uintah County General Plan, and all elements of the general plan.

2.

To adopt and to initiate amendments to the county's land use ordinances, including this title.

3.

To adopt and to initiate amendments to the county's land use resolutions.

4.

To approve, approve with requirements, or deny all preliminary subdivision (planned unit development (PUD)) applications, all design (PUD) applications and all final subdivision (standard, major and PUD) applications.

5.

To render a decision, or appoint a hearing officer to render a recommendation to the BOCC prior to a BOCC decision, if an applicant asserts a deprivation of, or has been subject to a taking of property without just compensation, or asserts some other constitutional invalidity, as provided by Chapter 17.22.

6.

To act as an appeal authority, as provided by Chapter 17.13.

7.

To establish a fee schedule by ordinance for all approvals, permits and licenses required by this title.

8.

To appoint members of a planning commission to carry out the duties and responsibilities as provided by this title.

9.

To appoint members of a board of adjustment to carry out the duties and responsibilities as provided by this title.

10.

To appoint a zoning administrator for the efficient and consistent administration of this title and to carry out the other duties and responsibilities as provided by this title.

11.

To take such other action(s) not expressly delegated to any other land use authority.

B.

Effective Date of Decisions, Exceptions, Meeting Minutes. All decisions of the BOCC, made under this title, shall take effect on the date of the BOCC meeting when the decision is made, unless a different date is designated by the BOCC at the time the decision is made. The minutes of all meetings of the BOCC shall be filed in the office of the Uintah County Clerk/Auditor (hereinafter "clerk/auditor"). All such records shall be the official record of the BOCC and shall be available for public review and access in accordance with the State of Utah Government Records and Access Management Act (hereinafter "GRAMA").

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

The Uintah County Planning Commission (hereinafter "PC") was heretofore created and established by the BOCC pursuant to the Act, or its prior enactments. The PC is a land use authority, as defined by the Act.

A.

Powers and Duties. The PC shall be an advisory body to the BOCC on legislative matters pertaining to the general plan and land use ordinances. The PC shall have the following powers and duties under this title:

1.

To prepare, or cause to be prepared, the proposed Uintah County General Plan, any proposed plan element, any amendments thereto, and to transmit such plan, element or amendments to the BOCC, with the PC's recommendation.

2.

To prepare or cause to be prepared all proposed county land use ordinances, including all maps, any amendments thereto, and to transmit such land use ordinances, maps, or amendments thereto to the BOCC, with the PC's recommendation.

3.

To hear, review and recommend approval or denial of all applications for a general plan amendment and to transmit such recommendation to the BOCC.

4.

To hear, review and recommend approval or denial of all applications for a land use ordinance amendment (including land use ordinance text and/or map amendments) and to transmit such recommendation to the BOCC.

5.

To hear, review, and approve, approve with revisions, or deny all subdivision (standard, major) concept applications and all subdivision (standard, major) design applications.

6.

To hear, review, and approve, approve with conditions, or deny conditional use applications.

7.

To hear, review, and recommend approval, approval with revisions, or denial of all subdivision (PUD) concept and design applications and all subdivision (standard, major and PUD) final plat applications and to transmit such recommendation to the BOCC.

8.

To adopt bylaws, policies, and procedures for the conduct of the duties and meetings of the PC.

9.

Advise the BOCC on all other matters as the BOCC may direct.

10.

Members of the planning commission may be compensated based upon required trainings and meetings actually attended at a rate of seventy-five dollars ($75.00) for regular and alternate members and one hundred dollars ($100.00) for the planning commission chair.

11.

Planning commission members are required to attend at least one training per year and at least sixty (60) percent of meetings in a twelve (12) month period.

B.

Membership: Appointment, Removal, Terms and Vacancies.

1.

The PC shall consist of seven members, and two alternate members.

2.

The members of the PC shall be residents of Uintah County.

3.

The BOCC shall appoint members of the PC.

4.

Any member may be removed for cause by the BOCC upon written charges, and after a public hearing, if such hearing is requested by the member being removed within ten days of being notified of the removal.

5.

Members of the PC shall serve a term of three years. Terms shall begin on January 1 of each calendar year. Member's terms are to be staggered so that not more than three members' terms shall expire each year on December 31. Each member of the PC shall serve until the expiration of the term for which he/she is appointed, and until they are reappointed or a successor is appointed and qualified. A PC member shall not be automatically reappointed.

6.

Alternate members shall be authorized to vote on all matters when one or more regular members are not present. Each alternate shall only be permitted to exercise such vote(s) for one such absent regular member.

7.

At an annual organizational meeting to be held the first regular meeting in the new calendar year, and at other times as required, the members of the PC shall, by motion and majority vote of the PC, appoint one of their members as chair and one of their members as vice-chair. The chair and vice-chair shall serve a term of one year. A member may serve as chair or vice-chair for more than one term. In the absence of the chair, the vice-chair shall act as chair and shall have all powers of the chair.

8.

The chair shall be in charge of all proceedings before the PC, and shall take such actions as necessary to preserve order and the integrity of all proceedings before the PC.

9.

PC vacancies occurring for any reason shall be filled by the BOCC. Vacancies of the PC occurring in ways other than through the expiration of terms shall be filled for the remainder of the member's unexpired term.

C.

Recording Secretary. A community development secretary, or designee, shall act as the recording secretary of the PC. The recording secretary shall keep the minutes of all proceedings of the PC, which minutes shall be the official record of all proceedings before the PC, attested to by a majority vote of the members of the PC. The minutes of all meetings of the PC shall be filed in the community development department. All such records shall be available for public review and access in accordance with GRAMA.

D.

Quorum and Necessary Vote. No meeting of the PC shall be called to order, nor may any business be transacted without a quorum consisting of at least four members of the PC being present. When there are only four members present the chair shall be included for purposes of establishing a quorum and shall act as a voting member of the PC. When five or more members are present the chair will not vote except when there is a tie vote. All decisions and recommendations of the PC shall require a majority vote of a quorum. The PC may transmit reports of its decisions and recommendations to the BOCC. Any member of the PC may also make a concurring or dissenting report or recommendation to the BOCC.

E.

Effective Date of Decisions. All decisions of the PC shall become effective on the date of the meeting when the decision is made, unless a different date is designated by the PC at the time the decision is made.

F.

Meetings, Hearings and Procedures.

1.

The PC shall establish a regular meeting schedule.

2.

Special meetings may be requested by a majority vote of the PC, or by the chair of the PC.

3.

When a matter is postponed due to lack of a quorum, the matter shall be rescheduled. The recording secretary shall notify all members of the PC, and all interested parties, of the date when the rescheduled matter will be heard by the PC.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017; Ord. No. 06-25-2025, § 3, 7-22-2025)

The community development director is hereby designated as the zoning administrator and is authorized to carry out the administrative responsibilities of this title. The zoning administrator is a land use authority, as defined by the Act.

A.

Powers and Duties. It is the responsibility of the zoning administrator to ensure all administrative processes, procedures and other provisions of the land use ordinances are consistently and equitably applied. The zoning administrator shall have the following powers and duties:

1.

To make necessary interpretations of this title.

2.

To approve, approve with revisions, or deny all permitted use applications.

3.

To approve, approve with conditions, or deny all administrative conditional use applications.

4.

To perform and carry out all other duties, as identified herein or by the county's other land use ordinances and administrative manual.

5.

To determine completeness of all land use applications.

6.

To refer any land use application to the BOCC or PC.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

See Uintah County Code [Chapter] 17.13.

(Ord. No. 09-21-2020, O1, § 3, 9-21-2020, eff. 1-1-2021)

The Uintah County Boundary Commission was heretofore created and established by the BOCC pursuant to the Act, or its prior enactments.

A.

Membership: Appointment, Removal, Terms and Vacancies.

1.

The boundary commission shall consist of seven members and three alternate members.

2.

The members of the boundary commission shall be residents of Uintah County.

3.

Two members shall be elected county officers appointed by the BOCC and an alternate to vote in the absence of either of those members.

4.

Two members shall be elected municipal officers from separate municipalities within the county, appointed by the municipal selection committee and an alternate to vote in the absence of either of those members.

5.

Three members and one alternate shall be residents of the county appointed by the other four members of the boundary commission and shall be neither county nor municipal elected officials.

6.

Except for purposes of initial creation of the commission, the term of each member of the boundary commission is four years and begins and expires the first Monday in January of the applicable year. The terms of the first members shall be staggered by lot so that the term of one member is approximately one year, the term of two members is approximately two years, the term of two members is approximately three years, and the term of two members is approximately four years. At the expiration of the term of each member appointed under this section, the member's successor shall be appointed by the same body that appointed the member whose term is expiring, as provided in this section.

7.

The members of the boundary commission shall elect a chairperson from their number whose term shall be two years.

8.

A majority of the commission constitutes a quorum and a commission action requires a majority vote of a quorum.

9.

Vacancy of a member shall be filled for the remaining unexpired term of the vacating member and shall be appointed by the appointing body of the member who is vacating the position.

10.

Any member may be removed for cause by their respective appointing body upon written charges, and after a public hearing, if such hearing is requested by the member being removed within ten days of notification of removal.

11.

A member of the commission is disqualified with respect to a protest before the commission if that member owns property within the area proposed for annexation.

B.

The boundary commission shall hear and decide, according to Title 10, Chapter 2, Part 4 of the Utah Code, each protest filed under Section 10.2.407 thereof, with respect to an area that is located within the county. The boundary commission may:

1.

Adopt and enforce rules of procedure for the orderly and fair conduct of its proceedings;

2.

Authorize a member of the commission to administer oaths if necessary in the performance of the commission's duties;

3.

Employ staff personnel and professional or consulting services reasonably necessary to enable the commission to carry out its duties; and

4.

Incur reasonable and necessary expenses to enable the commission to carry out its duties.

C.

The county shall:

1.

Furnish the commission necessary quarters, equipment, and supplies; and

2.

Pay necessary operating expenses incurred by the commission;

D.

Each municipal or county legislative body shall reimburse the reasonable and necessary expenses incurred by a commission member appointed by that entity.

E.

Records, information, and other relevant materials necessary to enable the commission to carry out its duties shall, upon request by the commission, be furnished to the boundary commission by the personnel, employees, and officers of each affected entity.

F.

Within thirty (30) days after the time for filing a protest has expired with respect to a proposed annexation, the boundary commission shall hold a hearing on all protests that were filed with respect to the proposed annexation. For at least fourteen (14) days before the date of each hearing, the commission chair shall cause notice of the hearing to be provided in accordance with the state requirements, for the area proposed for annexation.

G.

In considering protests, the commission shall consider whether the proposed annexation:

1.

Complies with the requirements of Sections 10-2-402 and 10-2-403 U.C.A. and the annexation policy plan of the proposed annexing municipality;

2.

Conflicts with the annexation policy plan of another municipality; and

3.

If the proposed annexation includes urban development, will the annexation have an adverse tax consequence on the remaining unincorporated area of the county.

H.

The commission shall record each hearing under this section by electronic means. A transcription of the recording under this subsection, the feasibility study, if applicable, information received at the hearing, and the written decision of the commission shall constitute the record of the hearing and shall be held by the BOCC.

I.

After the public hearing the boundary commission may:

1.

Approve the proposed annexation, either with or without conditions;

2.

Make minor modifications to the proposed annexation and approve it, either with or without conditions; or

3.

Disapprove the proposed annexation.

The commission shall issue a written decision on the proposed annexation within thirty (30) days after the conclusion of the hearing and shall send a copy of the decision to:

a.

The BOCC;

b.

The legislative body of the proposed annexing municipality;

c.

The contact person on the annexation petition; and

d.

The contact person of each entity that filed a protest.

J.

Review of the decision of the boundary commission may be sought in the Eighth Judicial District Court, in and for Uintah County by filing a petition for review of the decision within twenty (20) days of the commission's decision. The district court review shall be on the record of the hearing and may not be de novo review. The district court shall affirm the commission's decision unless the court determines that the decision is arbitrary or capricious.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017; Ord. No. 01-22-2025, O3, § 5, 1-28-2025)

The officers and staff of the county shall provide support and assistance to the BOCC, PC and zoning administrator, as required, to effectively implement the general plan and enforce the land use ordinances.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

All meetings and hearings of the BOCC, PC and BOA, required by the land use ordinances, including this title, shall comply with the provisions for such meetings and hearings, and the requirements of the Utah Code Annotated, as amended, for open and public meetings.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

A land use authority may impose an exaction, or exactions, on a land use application if:

A.

An essential link exists between a legitimate governmental interest and each exaction; and

B.

Each exaction is roughly proportionate, both in nature and in extent, to the impact being created by the proposed use, activity, or development.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

The county shall comply with all requirements of the Act when a billboard is acquired by the county by eminent domain, or when the county requires the removal of a billboard without compensation, or when a billboard is determined to be a nonconforming use or noncomplying structure.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

A.

The county may acquire property through purchase, gift, voluntary dedication, or eminent domain.

B.

A land use authority may require the public dedication and improvement of a road, street, or other infrastructure or facility if the road, street, or other infrastructure or facility is found necessary by the county because of a proposed use activity, or development.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)