This section addresses the duties and responsibilities of a planning commission, hereafter referred to as "the commission," and other officials and agencies, with respect to the administration of the Willard City Zoning Code. The commission shall act as the Administrative Land Use Authority, referred to as “the ALUA,” that conducts the preliminary subdivision application review and determination arising from a subdivision application for single-family dwellings, two-family dwellings, or townhomes.

1. The establishment of the commission shall be in accordance with the policies and procedures as set forth in state law. The commission shall have and perform such duties as are assigned to it by law ordinance relating to planning and zoning and land use administration. The commission shall consist of six (6) members, including the chairperson. Two (2) alternate members may be appointed to act as voting members of the commission in the absence of any regular voting member(s). If only one (1) alternate member of the commission is needed for any meeting, the commission Chairperson should select the alternate on a rotating basis
2. Terms For Members. The terms of office for the members shall be three (3) years. Members may serve consecutive terms. Term of office begins on February 1, and expires January 31 of the particular year. shall be permitted to be removed for cause upon written charges and after a public hearing before the legislative body of the jurisdiction, if such a hearing is requested.
3. Of Members. All members shall be appointed by the mayor and approved by the legislative body of the jurisdiction served. The terms of office for the commission members shall be staggered at intervals so as to provide continuity in policy and personnel. Members of the commission shall be residents of the jurisdiction served. Compensation of members shall be set by the legislative body of the jurisdiction. Any vacancy for the unexpired term of any member whose term is not completed shall be filled. A member shall continue to serve until a successor has been appointed by the mayor and approved by the legislative body of the jurisdiction. Members appointed to fill vacancies shall serve for the remaining period of the position being filled
4. Chairperson Election andAnd Rules Adoption. The chairperson shall be appointed by the mayor and approved by the legislative body of the jurisdiction. The commission shall establish and adopt rules for its organization and transaction of business and shall keep a public record of its proceedings.
5. Commission Secretary. A secretary to assist the commission shall be appointed by the mayor. The secretary shall keep minutes of the commission meetings for public record and conduct all correspondence including the notification of decisions. The secretary shall also certify records. The secretary shall prepare and submit the minutes of commission meetings to the chairperson and the commission.
6. Duties And Powers
   1. General Plan. It shall be the duty of the commission, after a holding publichearing hearings, to create and recommend to the legislative body a general plan for the physical development of property within the jurisdiction, which shall be permitted to include areas outside its boundaries that bear consideration to the planning of the jurisdiction. The general plan shall include at least the following elements:
      1. Official maps
      2. Growth and land use.
      3. Commercial/industrial uses
      4. Transportation and utilities
      5. Community facilities
      6. Housing
      7. Environmental
      8. Geologic/natural hazards
      9. The commission shall be permitted also to recommend amendments to the general plan regarding the administration or maintenance of the Zoning Code.
   2. Zoning Code. It shall be the duty of the commission to develop and recommend to the legislative body a zoning code, in accordance with the guidelines of the general plan, establishing zones within the jurisdiction. Such a code shall be made in regard to the character of each district and the most appropriate use of land within the jurisdiction. The commission shall make periodic reports and recommendations to the legislative body.
   3. Division Of Land Regulations. It shall be the duty of the commission to develop and certify regulations governing the division of land. All division of land shall be in accordance with the adopted regulations
   4. Conditional-Use Permits. In conjunction with Wi1lard City Code 24-20, the commission shall review, hear, and decide conditional use permit applications after receiving a recommendation from the Conditional Use Review Committee.
   5. Official Zoning Map. The legislative body shall adopt an official zoning map for all areas included within the jurisdiction
   6. Appeals and Hearing. Any person withstanding who desires to appeal any land use decision of the commission shall follow and comply with the requirements as set forth in Willard City Code submit any such appeal to the designated Hearing Officer for Willard City.

1. Willard City hereby establishes an appeal authority to hear and decide requests for variances from the terms of land use ordinances; appeals from land use decisions applying land use ordinances; and appeals from a fee charged by Willard City under Utah Code Annotated §10-9a-510. The appeal authority shall be an appointed Appeals Hearing Officer (hereinafter “Hearing Officer”). The Hearing Officer shall be appointed by the Mayor with the approval of the City Council. Any previously ordained or appointed Board of Adjustments is dissolved effective upon passage of this ordinance.
2. Term. The Hearing Officer shall be appointed for a period of three (3) years, may be removed by a majority vote of the City Council at any time, and may serve until a replacement is appointed. A vacancy shall be filled in the same manner as the original appointment for the unexpired term.
3. Organization. The Hearing Officer may adopt such rules for its own proceedings as are deemed necessary. The Hearing Officer shall keep minutes of all proceedings, showing the decision of the Hearing Officer upon each question, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the City Recorder, and shall be a public record. Decisions of the Hearing Officer become effective at the meeting in which the decision is made, unless a different time is designated at the time the decision is made.
4. Powers and Duties. The Hearing Officer shall have such powers and duties as provided by Utah Code Annotated §10-9a-702 et seq
5. Appealing Land Use Authority’s Decision. An applicant, a board or officer of the City, or any person adversely affected by the land use authority’s decision applying a land use ordinance may, within ten (10) business days of the issuance of the written decision applying the land use ordinance, appeal that decision to the Hearing Officer by alleging there is an error in any order, requirement, decision, or determination made by the land use authority in land use ordinance. When an appeal is taken from a decision of the land use authority, the City Recorder shall immediately transmit to the Hearing Officer all papers, if any, constituting the record upon which the action appealed from was taken.
   1. Time to Appeal and Filing Fee. Any appeal, pursuant to this section, must be in writing, with the City Recorder within ten (10) business days of the issuance of the written decision applying the land use ordinance. Upon the filing of any appeal with the City Recorder, the appellant shall pay to the City Recorderthe fee proscribed in the fee schedule of the City. The City Recorder may not transmit papers or records to the Hearing Officer and the Hearing Officer may not consider any appeal unless and until such fee has been paid.
   2. Time for Hearing Appeal. The Hearing Officer shall hear the appeal within thirty (30) business days of the date the appeal was filed.
   3. Written Statement Setting Forth Theories of Relief Requested. The appellant shall deliver to the Hearing Officer and all other participants, five (5) business days prior to the hearing, a written statement setting forth each and every theory of relief the appellant intends to raise at the hearing, along with a brief statement of facts in support thereof.
   4. Conditions Precedent to Judicial Review. No person, entity, board, or officer of the City may seek judicial review of any decision applying the land use ordinance until after challenging the land use authority’s decision in accordance with this part. No theory or relief may be raised in the District Court unless it was timely and specifically presented to the Hearing Officer and all administrative remedies have been exhausted.
   5. Standard of Review and Burden of Proof on Appeal. The Hearing Officer shall, on appeal, presume that the decision applying the land use ordinance is valid and determine only whether or not the decision is arbitrary, capricious, or illegal. The appellant has the burden of proof on appeal.
   6. Due Process Rights. An appeal filed in accordance with this section stays all proceedings in the appeal activity, unless the Hearing Officer from whom the appeal is taken certifies that by reason of facts stated in the certification that the stay would in their opinion cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by restraining order which may be granted by the Hearing Officer in person or by the City Attorney.
   7. Conditional Use Permit Appeals. The City Council shall continue to hear and decide appeals from the planning commission decisions regarding conditional use permits.
   8. Direct Appeal to the District Court. Notwithstanding the foregoing, decisions of the City Council relative to adopting or amending the general plan or any other land use ordinance may only be appealed directly to the District Court.
   9. Decision of Appeal. In exercising its authority, the Hearing Officer may affirm or reverse, wholly or in part, or may modify the order, requirement, decision, or determination of a land use authority.
6. Variances. Any person or entity desiring a waiver or modification of the requirements of a land use ordinance as applied to a parcel of property that they own, lease, or in which they hold some other beneficial interest may apply to the Hearing Officer for a variance from the terms of the ordinance.
   1. The Hearing Officer may grant a variance only if:
      1. Literal enforcement of the ordinance of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances;
      2. There are special circumstances attached to the property that do not generally apply to other properties in the same district;
      3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;
      4. The variance will not substantially affect the general plan and will not be contrary to the public interest; and
      5. The spirit of the land use ordinance is observed and substantial justice done.
   2. In determining whether or not enforcement of the land use ordinance would cause an unreasonable hardship, the Hearing Officer may not find an unreasonable hardship unless the alleged hardship:
      1. Is located on or associated with the property for which the variance is sought; and
      2. Comes from circumstances peculiar to the property, not from actions of the current property owner or a previous property neighborhood.
   3. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under this section, the Hearing Officer may not find an unreasonable hardship if the hardship is self-imposed or economic.
   4. In determining whether or not there are special circumstances attached to the property under this section, the Hearing Officer may find that special circumstances exist only if the special circumstances:
      1. relate to the hardship complained of; and
      2. deprives the property of privileges granted to other properties in the same zone.
   5. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
   6. Variances run with the land.
   7. The Hearings Officer may not grant a use variance.
   8. In granting a variance, the Hearing Officer may impose additional requirements on the applicant that will:
      1. Mitigate any harmful effects of the variance; or
      2. Serve the purpose of the standard or requirement that is waived or modified.