West Valley City City Zoning Code
7-3 Planning
Commission
7-3-101. PLANNING COMMISSION ESTABLISHED.
There is hereby created a Planning Commission composed of seven members and one alternate member appointed by the City Manager with the advice and consent of the City Council. Any member may be reappointed for an additional term. There is no limit to the number of terms a member may serve.
7-3-102. LENGTH OF TERMS.
The terms of the members shall be four years. The terms of the initial members shall be staggered with two serving one year, two serving two years, and two serving three years. The seventh member added to the Commission pursuant to this Chapter shall serve from his appointment through July 1, 1986. Thereafter, all terms shall be four years. All terms shall expire on July 1.
7-3-103. CHAIRPERSON AND VICE-CHAIRPERSON.
The Planning Commission shall elect annually, during the first regularly scheduled meeting in July, a Chairperson and Vice-Chairperson who may be elected to succeed themselves. They will be elected from among the members of the Planning Commission by a majority of the total membership. Their duties and responsibilities shall be those outlined in the Planning Commission's Rules of Policy and Procedures.
7-3-104. RULES OF POLICY AND PROCEDURE.
The Planning Commission shall establish, adopt, and amend Rules of Policy and Procedure governing the conduct of meetings and operation of the Planning Commission. Upon adoption of these rules and regulations, they shall be submitted to the City Council for final approval and adoption by resolution. The Planning Commission, upon its own initiative, may amend the Rules of Policy and Procedures, and thereafter, such amendments shall be submitted to the City Council for final approval and adoption by resolution.
7-3-105. VOTES REQUIRED.
Four affirmative votes shall be required to pass any measure.
7-3-106. FILLING VACANCIES AND REMOVAL FROM OFFICE.
(1) Any vacancy occurring on the Commission for whatever reason shall be filled by appointment as provided in this Chapter for the unexpired term of such member whose office becomes vacant. All members of the Commission shall be residents of the City.
(2) A member of the Commission may be removed by the City Manager with the advice and consent of the City Council for any of the following reasons:
a. Using public funds for a political purpose as defined by state law;
b. Violation of the Municipal Officers’ and Employees’ Ethics Act;
c. Acting 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 Commission member’s administrative or quasi-judicial duties; or
d. Subject to subsection (3) below, with or without cause at the discretion of the City Manager, with the advice and consent of the City Council.
(3) A member of the Commission deliberating about a specific pending land use application in a Commission meeting with municipal staff, an elected official, or the land use applicant is not cause for removing a member from the Commission.
(4) Members of the Commission shall recuse themselves from deliberating or voting on a land use application when:
a. The member or the member’s immediate family has a financial interest in the outcome of the application;
b. The member is unable to make an impartial decision on the application;
c. The member’s participation would violate applicable law, including but not limited to the Municipal Officers’ and Employees’ Ethics Act;
d. In the member’s judgment, the member would appear to a reasonable person to be unable to make an impartial decision on the application; or
e. In the member’s judgment, any other consideration would make it inappropriate for the member to participate.
7-3-107. POWERS AND DUTIES.
The Planning Commission shall:
(1) Prepare and recommend a General Plan and amendments to the General Plan to the City Council as provided in this Title.
(2) Recommend Zoning Ordinances and maps, and amendments to Zoning Ordinances and maps, to the City Council as provided in this Title.
(3) Administer provisions of the Zoning Ordinance, where specifically provided for in the Zoning Ordinance adopted by the City Council.
(4) Recommend Subdivision regulations and amendments to those regulations to the City Council as provided in this Title.
(5) Recommend approval or denial of Subdivision applications as provided in this Title.
(6) Advise the City Council on matters as directed by the City Council.
(7) Hear or decide any matters that the City Council designates or as set forth by ordinance, including the approval or denial of Conditional Use Permits.
(8) Exercise any other powers:
a. That are necessary to enable the Commission to perform its functions; or
b. Delegated to it by the City Council.
