The Land Use Authorities identified by this Ordinance shall have responsibilities for administering and implementing the Vineyard General Plan and all Vineyard Land Use Ordinances, including this Ordinance, as allowed by LUDMA, and as provided herein.

1. Powers and Duties. For purposes of this Ordinance, the Vineyard City Council shall:
   
   1. Adopt amendments to the General Plan, and all elements of the General Plan.
      
   2. Adopt amendments to the Land Use Ordinances, including this Ordinance.
      
   3. Direct the Commission to prepare the General Plan, any proposed plan element, any amendments thereto, and to submit the proposed plan, element, or amendments to the Council.
      
   4. Direct the Commission to prepare all Land Use Ordinances, including this Ordinance, Zoning Districts Maps, Official Maps, and any amendments thereto, and to submit such Land Use Ordinances, or amendments thereto to the Council.
      
   5. Act as an Appeals Authority, as provided by VZC 15.52.
      
   6. Render, or appoint a designee to render, a determination when an Applicant asserts a taking of property without just compensation, or has asserted some other constitutional invalidity, as provided by VZC 15.54.
      
   7. Establish a fee schedule by resolution for all Approvals, Permits, and Licenses required by the city’s Land Use Ordinances.
      
   8. Take such other action(s) as authorized by LUDMA, or required by this Ordinance, and not expressly delegated to any other Land Use Authority.
      
2. Effective Date of Decisions. All decisions of the Council, made under the authority of this Ordinance, shall take effect on the date of the meeting when the decision is made, unless a different date is designated in the rules of the Council, or a different date is designated by the Council at the time the decision is made.
   
3. Council Meeting Minutes. The approved minutes of Council meetings, attested to by a majority vote of the Council, shall constitute the official record of such meetings and shall be filed in the office of the City Recorder. All such records shall be available for public review and access in accordance with the State of Utah Government Records and Access Management Act.

1. Office Created: The office of City Planner is created to carry out the administrative responsibilities of the City’s Land Use Ordinances, including this Ordinance. The person so designated shall be known as the City Planner, and may be referred to herein as the “Planner.”
2. Appointment: The mayor, with the advice and consent of the city council, shall appoint a qualified person to fill the office of City Planner.
3. Powers and Duties. The Planner shall:
   1. Ensure all procedures and provisions of the City’s Land Use Ordinances are consistently and equitably applied.
   2. Approve, approve with requirements, or deny the following Applications:
      1. All Temporary Use (T) Applications.
      2. All Permitted Use (P-1) Applications.
   3. Render interpretations of the text of this Ordinance, as provided by VZC 15.04.020.
   4. Carry out and complete Determinations of Application Completeness, as provided by VZC 15.24.060.
   5. Carry out all other functions, duties, tasks, and actions, as identified herein.
4. Term of Office: The persons appointed to the office of City Planner shall serve at the pleasure of the mayor and the city council and may be removed at any time, with or without cause by the affirmative vote of:
   1. the mayor and a majority of the city council; or
   2. all council members except the mayor.
5. Compensation: The salary or compensation of the City Planner shall be established by the governing body in accordance with Utah law.

1. Establishment. A Development Review Committee (hereinafter identified as the “DRC”) may be established and created by the Mayor, with the advice and consent of the Council.
   
2. Purpose. The purpose of the DRC is to assure that any proposed use, activity, building or structure is consistent with the General Plan and complies with all requirements of the City’s Land Use Ordinances, including this Ordinance, and all other applicable Ordinances and requirements.
   
3. Membership. The DRC shall consist of seven (7) members, the Chair of the Planning Commission, the City Manager, the Fire Marshall, and the heads of the Departments of Building, Community Development, Engineering, and Parks and Recreation. Each member of the DRC may choose a qualified designee with knowledge in their respective field to serve in their place.
4. Chairperson. The committee shall designate one member as the Chairperson of the DRC annually.
   
5. Powers and Duties. The DRC shall act under the direction of the Mayor and shall have the following duties and responsibilities:
   
   1. Before a Land Use Authority considers any Permitted Use (P-2) or Conditional Use (C) Applications, the DRC shall review the Application to determine compliance of the Application with the General Plan and all applicable Ordinances.
      
   2. The DRC shall provide a report to the Land Use Authority identifying compliance of any Permitted Use (P-2) or Conditional Use (C) Application with the General Plan and all applicable Ordinances prior to review and decision by a Land Use Authority.
      
   3. The DRC may provide a report to the Planner for any Temporary Use (T) or Permitted Use (P-1) Application identifying compliance with the General Plan and all applicable Ordinances prior to review and decision by the Planner.
      
   4. The DRC may present findings for consideration by the Land Use Authority in the review and decision of any Application for any Approval, Permit, or License.
   5. The DRC may act as a Land Use Authority to approve, approve with requirements, or deny Final Subdivision Applications.
      
6. Conduct of Meetings. The DRC shall establish procedures for the conduct of DRC meetings, the scheduling of meetings, field trips, and any other DRC matters, such procedures being reviewed and approved by the Mayor before taking effect.
   

The officers and staff of the city shall provide support and assistance to the City’s Land Use Authorities, as may be required from time to time.

All meetings and hearings of all Land Use Authorities, identified herein, shall comply with the provisions of this Ordinance, and all other applicable Ordinances for such meetings and hearings, and the requirements of LUDMA and the U.C.A., as amended, for open and public meetings.

The Council may provide guidelines, standards, reference materials, forms, or other documents to assist the Land Use Authorities and Planner in the administration, implementation and interpretation of this Ordinance, and all other Land Use Ordinances.

All times, identified herein, shall be computed using calendar days, except that if the last day is a Saturday, Sunday, or legal holiday, that day shall be excluded and time computed to the next regular business day following the Saturday, Sunday or legal holiday. The time within which an act is to be done shall be computed by excluding the first day and including the last day.

In determining compliance with the numerical requirements of this Ordinance any computation or measurement resulting in a fractional number, except density calculations shall be rounded to the nearest whole number. Density calculations shall be rounded down to the nearest whole number.

1. Validity of Action. Notwithstanding any provision of this Ordinance which sets forth a procedure for any matter herein, no decision, action, inaction or recommendation regarding the matter which is the subject of the procedure shall be void or invalid or set aside by a court due to any error (including, but not limited to, any irregularity, informality, neglect or omission) which pertains to an Application, notice, decision, finding, record, hearing, report, recommendation or any other procedural matter whatsoever unless:
   
   1. The procedure is required by State or Federal law; and
      
   2. In an examination of the entire circumstances, including the evidence on record, the court is of the opinion that the procedural error complained of was prejudicial to a substantial right of the complainant as shown by the following:
      
      1. Had the error not occurred the decision made pursuant to the procedure would have been different; and
         
      2. Because of the error, the complainant suffered an injury for which relief must be given.
         
2. Presumption of Validity. The court shall presume that a decision or action taken pursuant to a procedure was done in good faith and shall not presume that an error is prejudicial, or that an injury occurred. The complainant shall have the burden of proof by a preponderance of the evidence to show that an error is prejudicial or that an injury occurred.

A Land Use Application is considered submitted and complete on the date the Planner determines the Application Complete, as provided by VZC 15.24.060, and determines that the Application complies with the requirements of the applicable Land Use Ordinances and all applicable fees have been paid.

1. The validity of an approval of a Land Use Application shall terminate one hundred eighty (180) days from the date of the approval by the Land Use Authority, unless an alternative date is specifically provided by the applicable Land Use Ordinance, or the Applicant has proceeded within one hundred eighty (180) days from the date of approval with reasonable diligence to implement the approval.
   
2. The validity of an approval of a Land Use Application shall expire and shall be invalid and null and void within one hundred eighty (180) days from the date of approval by the Land Use Authority or after the expiration of the time provided by the alternative date, as provided by the applicable Land Use Ordinance.
   
3. An approval by a Land Use Authority shall be invalid and null and void if a use is conducted, or a building or structure is established in violation of any requirements of all Land Use Ordinances, requirements, or conditions of approval.

Each Land Use Authority of the city, as identified herein, shall comply with the terms and standards of all applicable Land Use Ordinances, including this Ordinance, and shall comply with the mandatory provisions of such Land Use Ordinances.

The approval of any Land Use Application shall continue to comply with all requirements, conditions, terms and standards of approval, as required by the Land Use Authority, and shall continue to comply with the requirements of all Land Use Ordinances.

1. The city may acquire property through purchase, gift, voluntary dedication, or eminent domain.
   
2. The city may require the dedication and improvement of a street or other facility if the street or other facility is found necessary by the city because of a proposed development.

A Land Use Authority may impose an exaction, or exactions, on a Land Use Application if:

1. An essential link exists between a legitimate governmental interest and each exaction; and
   
2. Each exaction is roughly proportionate, both in nature and in extent, to the impact of the proposed development.

The Vineyard Planning Commission (hereinafter “Commission”) was heretofore created and established pursuant to LUDMA, or prior enactments of LUDMA. 

1. Powers and Duties. The Commission shall be an advisory body to the Council on legislative matters pertaining to the City’s General Plan and Land Use Ordinances. The Commission shall:
   
   1. Prepare, or cause to be prepared, the General Plan, any proposed plan element, any amendments thereto, and to submit the proposed plan, element, or amendments to the Council.
      
   2. Prepare or cause to be prepared all Land Use Ordinances, including this Ordinance, Zoning Districts Maps, Official Maps, and any amendments thereto, and to submit such Land Use Ordinances, or amendments thereto to the Council.
      
   3. Review and recommend approval or denial of all Applications for a General Plan Amendment and Land Use Ordinance Amendment to the Council.
      
   4. Review and render a decision of approval, approval with conditions or denial regarding conditional use applications.
      
   5. Review and recommend approval, approval with conditions, or denial of all Subdivision Applications to the Council, as authorized by the Vineyard Subdivision Ordinance.
      
   6. Determine and render a written interpretation of the boundary of a Zoning District, as provided by VZC 15.04.030.
   7. Adopt bylaws, policies, and procedures for the conduct of the duties and meetings of the Commission, for the consideration of Applications and for any other purposes deemed necessary by the Commission, provided that such bylaws, policies, and procedures are approved by the Council before taking effect.
      
   8. Advise the Council on other matters, as the Council may direct.
      
2. Commission Membership, Appointment, Terms, Removal, and Vacancies.
   
   1. The Commission shall consist of five (5) REGULAR members AND UP TO THREE (3) ALTERNATE MEMBERS.
      
   2. Commission members shall be appointed by the Mayor, with the advice and consent of the Council.
      
   3. Members of the Commission shall be residents of Vineyard. No member of the Commission shall be an elected official. 
   4. All members of the Commission shall serve at the discretion of the Mayor and Council for a term of four (4) years. No member shall serve more than two (2) consecutive terms. Terms shall begin on January 1 of each calendar year. Members’ terms are to be staggered so that no more than three (3) appointments shall expire each year on January 1. A Commission member shall not be automatically reappointed to a second term.
      
   5. Commission members may be removed by the Mayor, with the advice and consent of the Council.
      
   6. A Commission member may be removed by the Mayor, with the advice and consent of the Council, if three (3) consecutive or twenty-five (25) percent of the Commission meetings in a calendar year are missed. If the absence of a Commission member is due to an extended illness or vacation, the Commission member is responsible to provide written notice to the Mayor prior to the time the absence will occur. If such notice is given, these removal requirements do not apply.
      
   7. Commission vacancies occurring for any reason shall be filled by the Mayor, with the advice and consent of the Council. Vacancies on the Commission occurring in ways other than through the expiration of terms shall be filled for the remainder of the unexpired term.
      
3. Quorum and Necessary Vote. No meeting of the Commission shall be called to order, nor may any business be transacted without a quorum consisting of at least three (3) members of the Commission being present. The chair shall be included for the purposes of establishing a quorum and shall act as a voting member of the Commission. All actions of the Commission shall require a minimum participation of three members of the Commission. The Commission shall transmit reports of its decisions and recommendations to the Council. Any member of the Commission may also make a concurring or dissenting report or recommendation to the Council.
4. Effective Date of Decisions.
   
   1. All decisions of the Commission shall become effective on the date of the meeting when the decision is made unless a different date is designated in the rules of the Commission, or the Commission designates a different date when the decision is made.
5. Meetings, Hearings, and Procedure.
   
   1. The Commission shall establish a regular meeting schedule.
      
   2. Special meetings may be requested by a majority vote of the Commission, or by the chair of the Commission.
      
   3. When a matter is postponed due to lack of a quorum, the chair shall reschedule the matter to the next available Commission meeting. The Recording Secretary shall notify all interested parties and all members of the Commission of the date when the Commission will hear the rescheduled matter.
      
6. Commission Organization.
   
   1. At an annual organizational meeting to be held as listed in the Commission’s by-laws, and at other times as required, the members of the Commission shall elect one (1) of their members as chair and one (1) of their members as vice-chair. In the absence of the chair, the vice-chair shall act as chair and shall have all powers of the chair. The chair and vice-chair shall serve a term of one (1) year. No member shall serve as chair for more than two (2) consecutive terms.
      
   2. The chair, or in the chair's absence the vice-chair, shall be in charge of all proceedings before the Commission, and shall take such actions as necessary to preserve order and the integrity of all proceedings before the Commission.the integrity of all proceedings before the Commission.
   3. In case of the absence of the chair and the vice-chair, the sitting members of the Commission shall appoint a chair pro tempore that shall be in charge of all proceedings before the Commission. and shall take such actions as necessary to preserve order and
      
7. Commission Compensation.
   
   1. The Council may fix per diem compensation for members of the Commission, based on necessary and reasonable expenses and on meetings actually attended. The Council shall provide for reimbursement to Commission members for actual expenses incurred, upon presentation of proper receipts and vouchers.
      
8. Commission Members Volunteers.
   
   1. Members of the Commission shall be deemed “volunteers” for the purposes of City Ordinances, rules, regulations, and policies concerning personnel, provided however, Commission members shall be included in the definition of "employee" for the purposes of the Utah Governmental Immunity Act.
      
9. Commission Recording Secretary.
   
   1. The Mayor shall assign the City Recorder, or designee, to act as the Recording Secretary to serve the Commission. The Recording Secretary shall keep the minutes of all proceedings of the Commission, which minutes shall be the official record of all proceedings before the Commission, attested to by a majority vote of the members of the Commission. The minutes of all meetings of the Commission shall be filed in the office of the City Recorder. All such records shall be available for public review and access in accordance with the Government Records and Access Management Act.
      
   2. The Recording Secretary shall be compensated as approved by the Council.