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Home » City Government » City Code » TITLE 17: Land Development » 17.08-17.10: Planning Commission, Board of Adjustments
17.08-17.10: Planning Commission, Board of Adjustments
Chapter 17.08
PLANNING COMMISSION
Sections:
17.08.010 Membership--Appointment.
17.08.020 Term of office.
17.08.030 Duties.
17.08.040 Compensation.
17.08.050 Vacancies and removal.
17.08.060 Chairman.
17.08.070 Employment of experts and staff.
17.08.080 Adoption of rules and regulations.
17.08.090 Master plan--Adoption--General.
17.08.100 Master plan--Purposes generally.
17.08.110 Master plan--Method of adoption.
17.08.120 Authority to regulate zoning.
17.08.130 Certification of zoning.
17.08.140 City Council Review
Section 17.08.010 Membership--Appointment.
1. The planning commission shall consist of seven (7) members, each to be appointed by the governing body; appointed members of the commission shall be residents of the local jurisdiction and owners of real property within the local jurisdiction. Appointed Commission members shall hold no other public office or position within the local jurisdiction.(Ord. 2000-6, Amended, 10/04/2000)
2. Appointment of an Alternate: When deemed necessary, the governing body may appoint one alternate Planning Commission member to site on the Planning Commission as a voting member. The Alternate Planning Commission member may participate in all regularly scheduled meetings and activities, however, may only participate as a voting member in the absence of one of the 7 regularly appointed members. (Ord. 2002-24, Add, 11/19/2002)
Section 17.08.020 Term of office.
1. The terms of the appointed members of the planning commission, with the exception of the ex-officio member, shall be three (3) years, or until their respective successors shall have been appointed, except that the terms of appointment shall be such that the terms of two (2) or three (3) members shall expire each year.
2. The planning commission existing at the time of passage of the ordinance codified in this chapter shall continue to serve, and the terms of its members shall be fixed by the governing body in such a manner as to comply with the above provisions for staggering terms of service. (Ord. no. 111 §1(part), 1985; prior code §12-102-l(B).)(Ord. 2000-6, Amended, 10/04/2000)
Section 17.08.030 Duties.
The planning commission shall have the power to develop and adopt a master plan and the zoning of the city, and to regulate all conditional uses, home occupations, and developments of the city to see that they conform to codes and provisions of the city or to special conditions imposed by the city council or planning commission. (Ord. no. 111 §1(part), 1985; prior code §12-102-1(C).)(Ord. 2000-6, Amended, 10/04/2000)
Section 17.08.040 Compensation.
The members of the planning commission shall receive a stipend as established by the Lindon City Council. In addition the governing body shall provide for the reimbursement of the members of the planning commission for actual expenses incurred, upon presentation of proper receipts and vouchers. (Ord. no. 111 §1(part), 1985; prior code §12-102-l(D).)(Ord. 2000-6, Amended, 10/04/2000)
Section 17.08.050 Vacancies and removal.
Vacancies of appointed members occurring otherwise than through the expiration of terms shall be filled for the remainder of the unexpired term by appointment of the governing body. The governing body shall have the right to remove any member of the planning commission for misconduct and may remove any member for nonperformance of duty. Unexcused absences from two (2) consecutive regular meetings of the planning commission may be considered by the governing body as nonperformance of duty. (Ord. no. 111 §1(part), 1985; prior code §12-102-1(E).)(Ord. 2000-6, Amended, 10/04/2000)
Section 17.08.060 Chairman.
The Planning Commission Chairperson and Vice Chairperson shall be elected by following procedures as outlined in the Planning Commission Rules and Procedures.(Ord. 2000-6, Amended, 10/04/2000)
Section 17.08.070 Employment of experts and staff.
The planning commission shall have power and authority to employ experts and a staff, and to pay such expenses as may be reasonable and necessary for carrying out the powers hereinafter set forth, but not in excess of such sum as may be appropriated by the governing body and/or which may be placed at the disposal of the planning commission by gift or otherwise. (Ord. no. 111 §1(part), 1985; prior code §12-102-1(G).)(Ord. 2000-6, Amended, 10/04/2000)
Section 17.08.080 Adoption of rules and regulations.
The planning commission shall adopt such rules and regulations governing its procedures as it may consider necessary or advisable, and shall keep record of its proceedings, which record shall be open to inspection by the public at all reasonable times. (Ord. no. 111 §1(part), 1985; prior code §12-102-1(H).)(Ord. 2000-6, Amended, 10/04/2000)
Section 17.08.090 Master plan--Adoption--General.
It shall be the function of the planning commission to make and adopt a master plan for the physical development of the territory within the local jurisdiction, in accordance with state law. (See Utah Code Annotated 17-24-4 and 5 for counties, and Utah Code Annotated 10-9-20 for cities and towns.) (Ord. no. 111 §1(part), 1985; prior code §12-102-1(I).)(Ord. 2000-6, Amended, 10/04/2000)
Section 17.08.100 Master plan--Purposes generally.
In the preparation of a master plan, the planning commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the territory within its jurisdiction. The master plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the local jurisdiction which will, in accordance with present and future needs and resources, best promote the health, safety, morals, order, convenience, prosperity, or the general welfare of the inhabitants, as well as efficiency and economy in the process of development including, among other things, such as distribution of population and of the uses of land for urbanization, trade, industry, habitation, recreation, agriculture, arboretum and other purposes, as will tend to create conditions favorable to health, safety, transportation, property, civic activities and recreational, educational and cultural opportunities; will tend to reduce the wastes of physical, financial, or human resources which result from either excessive congestion or excessive scattering of population; and will tend toward an efficient and economical utilization, conservation and production of the supply of food and water, and of drainage, sanitary and other facilities and resources. (Ord. no. 111 §1(part), 1985; prior code §12-102-1(J).)
Section 17.08.110 Master plan--Method of adoption.
1. The planning commission may adopt the master plan as a whole by a single resolution or, as the work of making the master plan progresses, may from time to time adopt a part or parts thereof, any such part to correspond generally with one or more of the functional subdivisions of the subject matter which may be included in the plan. The planning commission may from time to time amend, extend or add to the plan or carry any part of it into greater detail. The adoption of the plan or any part, amendment, extension or addition shall be by resolution carried by the affirmative votes of not less than a majority of the entire membership of the planning commission and, after full hearing shall have been thereon, after notice of such hearing shall have been given as required by law. The resolution shall refer expressly to the plans and descriptive matter by identifying signature of the chairman of the planning commission. The master plan shall be available for public inspection in the office of the planning commission at all reasonable times.
2. After adoption of the master plan, the planning commission shall certify the adopted master plan, or part thereof, to the governing body for its consideration and adoption. (Ord. no. 111 §1(part), 1985; prior code §12-102-l(K).)
Section 17.08.120 Authority to regulate zoning.
The planning commission shall make a zoning plan or plans for zoning all of the territory within the municipality if the local jurisdiction is a municipality, or for all or any part of the territory within the local jurisdiction if the local jurisdiction is a county, including both the full text of the zoning resolution or resolutions and the maps and representing the recommendations of the planning commission for the regulation by districts or zones of the location. Heights, bulk and size of buildings and other structures, percentage of lot which may be occupied, the size of the lots, courts, and other spaces, density and distribution of population, the location and use of buildings and structures for trade, industry, residence, recreation, public activities or other purposes, and the uses of land for trade, industry, recreation or other purpose. (Ord. no. 111 §1(part), 1985; prior code §12-102-1(L).)
Section 17.08.130 Certification of zoning.
The planning commission shall certify a copy of the plan or plans for zoning all or any part of the territory within the local jurisdiction or any adopted part or amendment thereof, or addition thereto, to the governing body. After receiving the certification of the zoning plan or plans from the planning commission and before adoption of the ordinance, the governing body shall hold a public hearing thereon, the time and place of which notice shall be given in accordance with state law. Such notice shall state the place at which the text and/or map so certified by the planning commission may be examined. No substantial change in or departure from the text or map so certified by the panning commission shall be made unless such change or departure be first submitted to the certifying planning commission for its approval, disapproval or suggestions, and if disapproved, shall receive the favorable vote of not less than a majority of the membership of the governing body. The planning commission shall have thirty days from and after submission within which to send its report to the governing body. In the event that no report is submitted to the governing body within the time herein specified, the approval of the planning commission shall be presumed. (Ord. no. 111 §1(part), 1985; prior code §12-102-1(M).)
Section 17.08.140 City Council Review
The Lindon City Council, in giving authority to the Planning Commission to review and approve conditional use permits, temporary conditional use permits, site plans, sign permits, expansion of non-conforming use permits, and any other zoning or land development application, reserves the right to review such application in a regularly scheduled City Council meeting. The City Council shall designate an item for Council review before a development application is acted upon by the Planning Commission. At such time as the City Council names an item for review, the Planning Commission shall make a recommendation to approve or deny an application to the City Council. The City Council shall then become the final approval authority for a development application. (Ord. No. 2002-5, 2/19/2002)
Chapter 17.10
BOARD OF ADJUSTMENT
Sections:
17.10.010 Appointment--Membership.
17.10.020 Duties and powers.
17.10.030 Chairman.
17.10.040 Adoption of rules and regulations.
17.10.050 Meetings.
17.10.060 Appeals.
17.10.070 Hearings.
17.10.080 Notice.
17.10.090 Decision on appeal.
Section 17.10.010 Appointment--Membership.
The board of adjustment shall consist of five members, each to be appointed by the legislative body for the term of five years, provided that the term of one member shall expire each year. Any member may be removed for cause by the appointing authority upon written charges and after public hearing, if such public hearing is requested. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. One member, but not more than one member of the planning commission, shall be a member of the board of adjustment. No member of the governing body shall be a member of the board of adjustment. (Ord. no. 111 §1(part), 1985; prior code §12-102-2(A).)
Section 17.10.020 Duties and powers.
The board of adjustment shall have the following powers:
1. To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by any administrative official in the enforcement of this division or of any regulations adopted pursuant thereto;
2. To hear and decide special exceptions to the terms of this division, upon which the board is required to pass under the provisions of this division. Note: The board of adjustments does not have power to change the division in any way;
3. To authorize upon appeal such variance from the terms of this division as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this division will result in unnecessary hardship; provided that the spirit of this division shall be observed and substantial justice done. Before any variance may be authorized, however, it shall be shown that:
a. The variance will not adversely affect the growth policies or the intent of the master plan of the local jurisdiction, and that adherence to the strict letter of this division will cause difficulties and hardships, the imposition of which the petitioner is unnecessary in order to carry out the general purpose of the master plan,
b. Special circumstances are attached to the property covered by the application which do not generally apply to other property in the same district,
c. That because of such special circumstances, property covered by application is deprived of privileges possessed by other properties in the same district; and that the granting of the variance is essential to the enjoyment of a substantial property right that is possessed by other property in the same district,
d. The variance requested was not "after the fact" or self-imposed as a failure to read the division or obtain a building permit. (Ord. no. 111 §1(part), 1985; prior code §12-102-2(B).)
Section 17.10.030 Chairman.
The board of adjustment shall organize and elect a chairman of the board from among its members, who shall serve for the term of one year. The chairman shall appoint a vice-chairman from among the members of the board of adjustment, whose duty it shall be to act in the absence of the chairman. (Ord. no. 111 §1(part), 1985; prior code §12-102- 2(C).)
Section 17.10.040 Adoption of rules and regulations.
The board of adjustment shall adopt rules which the board finds are deemed necessary or advisable to implement the authority of the board; provided, however, that none of the rules adopted by the board shall be inconsistent with the provisions of this division. (Ord. no. 111 §1(part), 1985; prior code §12-102-2(D).)
Section 17.10.050 Meetings.
Meetings of the board shall be held at the call of the chairman, and at such other times as the board may determine. The chairman, or in his absence, the vice-chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and official actions, all of which shall be immediately filed in the offices of the local jurisdiction, and shall constitute a public record. (Ord. no. 111 §1(part), 1985; prior code §12-102-2(E).)
Section 17.10.060 Appeals.
Appeals to the board of adjustment may be taken by any person aggrieved by his inability to obtain a building permit or any person aggrieved by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of this division. Appeals to the board of adjustment may be taken by any officer, department, board or bureau of the local jurisdiction affected by the grant or refusal to grant a building permit or by other decision of an administrative officer or agency based on or made in the course of the administration or enforcement of the provisions of this division. Such appeal shall be taken within thirty calendar days of the action or decision or refusal to act by filing a notice of appeal with the officer from whom the appeal is taken and with the board of adjustment on forms to be provided by the local jurisdiction. The notice of appeal shall specify the grounds of appeal and the circumstances related thereto, including justification for the appeal under the provisions of this chapter. The officer from whom the appeal was taken shall forthwith transmit to the board of adjustment all papers constituting the record upon which the action or non-action appealed from was taken. (Ord. no. 111 §1(part), 1985; prior code §12-102-2(F).)
Section 17.10.070 Hearings.
The board of adjustment shall, upon receipt of an appealed determination that the appeal can be legally considered, set a public hearing on the appeal. The hearing shall be held within thirty calendar days from the receipt of the notice of appeal; provided, however, that the board of adjustment on its own motion or at the request of either the appellant or any interested person, may grant an extension or continuation of the hearing for a reasonable time or times. Upon the hearing, any party may appear in person or by agent or by attorney and may call witnesses in support of or opposition to the issues raised by the appeal. (Ord. no. 111 §1(part), 1985; prior code §12-102-2(G).)
Section 17.10.080 Notice.
The board of adjustment shall give notice of the time and place of public hearing to the appellant at least twenty-five (25) calendar days before such hearing. The appellant shall, at least fifteen (15) calendar days prior to the time appointed for the hearing, give personal notice to all owners of the property or properties which are located within three hundred feet (300') of the exterior boundaries of the subject property to be affected by the appeal as shown on the most recent tax rolls of the treasurer of the local jurisdiction. Such notice shall be given either by serving a copy thereof to the property owners by process server, or by sending written notice thereof by certified mail to the addresses of the property owner or owners as shown by the most recent tax lists of the treasurer of the local jurisdiction. Where the owner is a partnership, service upon any partner as provided shall be sufficient, and where the owner is a corporation, service upon any officer, as set forth above, shall be sufficient. The appellant shall by affidavit present satisfactory proof to the board of adjustment at the time of hearing that the notices have been duly served as aforesaid. Such notice shall state the time and place of such hearings and shall include a general explanation of the matter to be considered and a general description of the area affected or to be affected by the appeal. Forms of notice of appeal shall be provided to the appellant by the staff of the governing body. (Ord. no. 111 §1(part), 1985; prior code §12-102-2(H).)
Section 17.10.090 Decision on appeal.
In exercising the powers set out in this chapter, the board of adjustment may, in conformity with the provisions of this division, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as the board shall determine within the limits of its authority, and to that end shall have all the powers of the officer from whom the appeal was taken. Notice of the decision of the board, if such decision was not made at the public hearing, shall be sent in writing to all those requesting such notice at the public hearing. (Ord. no. 111 §1(part), 1985; prior code §12-102-2(I).)
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