CHAPTER 3

(3) The terms of the appointed members of the Planning Commission, with the exception of the ex‑officio member, shall be three years, and until their respective successors have been appointed, except that the terms of appointment shall be such that the terms of two members shall expire each year. The ex‑officio member shall serve at the pleasure of the City Council. The Planning Commission existing at the time of passage of this Code shall continue to serve, and the terms of its members shall be fixed by the City Council in such a manner as to comply with the above provisions for staggering terms of service.

3.3 COMPENSATION.

(1) The members of the Planning Commission shall serve as such without compensation, except that the City Council may fix per diem compensation for the members of the Planning Commission based on necessary and reasonable expenses and on meetings actually attended. The actual expenses incurred shall be based upon presentation of proper receipts and vouchers.

3.4 VACANCIES AND REMOVALS FOR CAUSE.

(1) Vacancies of appointed members occurring otherwise than through the expiration of terms shall be filled for the remainder of the unexpired term. The City Council shall have the right to remove any member of the Planning Commission for misconduct and may remove any member for non‑performance of duty. Unexcused absences from 3 consecutive regular scheduled meetings of the Planning Commission may be considered by the City Council as non‑performance of duty.

3.5 THE CHAIR. (Amended 4/19/00)

(1) The Planning Commission shall elect from its members a Chair and Vice Chair during the month of January of each year, whose term of office shall be for twelve (12) months or until a successor is elected.

3.6 EX PARTE CONTACT

(1) Ex parte contact between planning commission members and opposing parties involved in litigation with Grantsville City involving land use issues shall be prohibited. Planning commission members shall not participate in site or office visits, electronic communication, written communication, or verbal conversation either face-to-face or over the telephone, with any individual or any representative of a company or entity involved in legal proceedings with Grantsville City involving land use issues. This prohibition shall include plaintiffs who have filed suit against Grantsville City, claimants who have served a Notice of Claim on Grantsville City, and defendants in actions filed by Grantsville City, such as those in violation of provisions of the Grantsville City Ordinance or the Grantsville Land Use Management and Development Code.

(2) Planning commission members shall be restricted from ex parte contact, including site or office visits, electronic communication, written communication, and verbal conversation either face-to-face or over the telephone, with any individual or representative of a company or entity when such interaction involves a request for a conditional use permit, planned unit development, a request for approval of a subdivision, or for an exception to the Grantsville Land Use Management and Development Code. Interaction between applicants and those in opposition to an application shall only occur at a legally scheduled meetings where the public has received legal notice. This restriction on ex parte contact applies to all conditional use permit approval requests, planned unit development or subdivision requests, after an application for such is filed with the Grantsville City, while the application is under review by the planning commission, after a decision or recommendation on the application has been made by the planning commission, while the application is under review by the Grantsville City Council, or while the application is under appeal, if an appeal is filed. Planning commissioners shall not participate in ex parte contact with individuals or representatives of a company or entity opposed to a request for a conditional use permit, planned unit development or a subdivision approval, or an exception to the Grantsville Land Use Management and Development Code.

(3) If ex parte contact as described in Subsections (1) or (2) occurs, it shall be disclosed at the next meeting of the planning commission and the planning commission member who had such contact shall neither participate in the discussion nor vote on the matter.

(4) Receipt of written information regarding an active request for a conditional use permit, planned unit development or a subdivision, or an exception to the Grantsville Land Use Management and Development Code shall be permitted, provided such written information is disclosed at the next meeting of the planning commission and submitted as a part of the record of that meeting.

3.7 RULES AND REGULATIONS.

(1) The Planning Commission may 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 times. The adopted rules and regulations shall be presented to the City Council for their approval or disapproval. Only after the formal approval of the City Council shall the rules and regulations be enforceable.

3.8 DOCUMENT SUBMISSION AND REVIEW PROCEDURES

(1) Pre‑Submission Procedures. To facilitate the handling of applications, the Planning Commission may adopt pre‑submission procedures to allow for adequate investigations and staff review and may require compliance with such pre‑submission review procedures as a prerequisite to formal receipt and action by the Planning Commission. Pre‑submission review shall in no way be interpreted to mean review by the Planning Commission.

(2) Submission and Docketing for Review. Upon receipt of all required fees and information for any specific step of the review procedure, the Zoning Administrator and other members of the Technical Review Committee if established, shall review the application for completeness and compliance with the provisions of this Code and other pertinent municipal regulations. When the Zoning Administrator determines that the application is ready for Planning Commission review, the Zoning Administrator will docket the application for review at the next regular public meeting of the Planning Commission. Incomplete applications shall not be docketed for Planning Commission review.

(3) Applications and concept plans are required for all land uses.

3.9 PLANNING COMMISSION POWERS AND DUTIES.

(1) The Planning Commission shall:

(a) prepare and recommend a General Plan and subsequent amendments to the General Plan to the City Council;

(b) recommend zoning ordinances, subdivision ordinances, development codes and maps, and subsequent amendments to zoning ordinances, subdivision ordinances, development codes and maps to the City Council;

(c) administer provisions of the zoning ordinance, where specifically provided in this Code;

(d) recommend approval or denial of subdivision applications as provided in this Code;

(e) hear or decide the approval or denial of, or recommendations to approve or deny, conditional use permits;

(f) advise the City Council on matters as the City Council directs;

(g) exercise any other powers that are necessary to enable it to perform its function delegated to it by the City Council.

3.10 GENERAL PLAN.

(1) Grantsville City shall prepare and adopt a comprehensive, long range, general plan for the growth and development of the land within Grantsville City considering the present and future needs of the City and growth and development of the land.

(2) The plan may provide for:

(a) health, general welfare, safety energy conservation, transportation, prosperity, civic activities, aesthetics and recreational, educational and cultural opportunities.

(b) the reduction of waste of physical, financial, or human resources that result from either excessive congestion or excessive scattering of population;

(i) food and water, and

(ii) drainage, sanitary, and other facilities and resources;

(d) the use of energy conservation and solar and renewable energy resources; and

(e) the protection of urban development.

(f) the protection or promotion of moderate income housing;

(g) the protection and promotion of air quality;

(h) historic preservation;

(i) identifying future uses of the land that are likely to require and expansion or significant modification of services or facilities provided by each affected entity;

(j) an official map;

(3) (a) The Planning Commission shall provide notice as provided in Section 1.18(1), of it’s intent to make a recommendation to the municipal legislative body for a general plan or a comprehensive general plan amendment when the planning commission initiates the process of preparing its recommendation.

(b) The Planning Commission shall make and recommend to the legislative body a proposed general plan for the area within the city.

(c) The plan may include areas outside the boundaries of the city if, in the planning commission’s judgement, those areas are related to the planning of the city’s territory.

(d) Except as otherwise provided by or with respect to a city’s power of eminent domain, when the plan of a city involves territory outside the boundaries of the city if, the city may not take action affecting the territory without the concurrence of the county or other municipalities affected.

(4) (a) At a minimum, the proposed general plan, with the accompanying maps, charts, and descriptive and explanatory matter, shall include the planning commission’s recommendation for the following plan elements:

(i) a land use element that;

(A) designates the long-term goals and the proposed extent, general distribution, and location of land for housing, business, industry, agriculture, recreation, education, public buildings and grounds, open space, and other categories of public and private uses of land as appropriate, and

(B) may include a statement of the projections for and standards of population density and building intensity recommended for the various land use categories covered by the plan;

(ii) a transportation and traffic circulation element consisting of the general location and extent of existing and proposed freeways, arterial and collector streets, mass transit, and any other modes of transportation that the planning commission considers appropriate, all correlated wit the population projections and the proposed land use element of the general plan, and

(iii) an estimate of the need for the development of additional moderate income housing within the city, and a plan to provide a realistic opportunity to meet estimated needs for additional moderate income housing if long-term projections for land use and development occur.

(b) In drafting the moderate income housing element, the planning commission:

(i) shall consider the State legislature’s determination that cities should facilitate a reasonable opportunity for a variety of housing, including moderate income housing:

(A) to meet the needs of people desiring to live there; and

(B) to allow persons with moderate incomes to benefit from and fully participate in all aspects of neighborhood and community life; and

(ii) may include an analysis of why the recommended means, techniques, or combination of means and techniques provide a realistic opportunity for the development of moderate income housing within the planning horizon, which means or techniques may include a recommendation to:

(A) rezone for densities necessary to assure the production of moderate income housing;

(B) facilitate the rehabilitation or expansion of infrastructure that will encourage the construction of moderate income housing;

(D) consider general fund subsidies to waive construction related fees that are otherwise generally imposed by the city;

(E) consider utilization of state or federal funds or tax incentives to promote the construction of moderate income housing;

(F) consider utilization of programs offered by the Utah Housing Corporation within that agency's funding capacity; and

(G) consider utilization of affordable housing programs administered by the Department of Community and Economic Development.

(5) The proposed general plan may include:

(a) an environmental element that addresses:

(i) the protection, conservation, development, and use of natural resources, including the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources; and

(ii) the reclamation of land, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land on hillsides, stream channels and other environmentally sensitive areas, the prevention, control, and correction of the erosion of soils, protection of watersheds and wetlands, and the mapping of known geologic hazards;

(b) a public services and facilities element showing general plans for sewage, water, waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them, police and fire protection, and other public services;

(i) historic preservation; and

(ii) the diminution or elimination of blight; and

(iii) redevelopment of land, including housing sites, business and industrial sites, and public building sites;

(d) an economic element composed of appropriate studies and forecasts, as well as an economic development plan, which may include review of existing and projected municipal revenue and expenditures, revenue sources, identification of basic and secondary industry, primary and secondary market areas, employment, and retail sales activity;

(e) recommendations for implementing all or any portion of the general plan, including the use of land use ordinances, capital improvement plans, community development and promotion, and any other appropriate action;

(f) any other element the city council considers appropriate.

3.11 PUBLIC HEARING BY PLANNING COMMISSION ON PROPOSED GENERAL PLAN OR AMENDMENT – NOTICE – REVISIONS TO GENERAL PLAN OR AMENDMENT – ADOPTION OR REJECTION BY LEGISLATIVE BODY.

(1) (a) After completing its recommendation for a proposed general plan, or proposal to amend the general plan, the planning commission shall schedule and hold a public hearing on the proposed plan or amendment.

(b) The planning commission shall provide notice of the public hearing, as required by Section 1.18(1).

(2) The planning commission shall forward the proposed general plan or amendment to the legislative body.

(3) The legislative body may make any revisions to the proposed general plan or amendment that it considers appropriate.

(4) (a) The municipal legislative body may adopt or reject the proposed general plan or amendment either as proposed by the planning commission or after making any revision that the municipal legislative body considers appropriate.

(b) If the municipal legislative body rejects the proposed general plan or amendment, it may provide suggestions to the planning commission for its consideration.

(5) The legislative body shall adopt:

(a) a land use element as provided in Subsection 3.10(3)(a)(i);

(b) a transportation and traffic circulation element as provided in Subsection 3.10(3)(a)(ii); and

(c) for all cities, after considering the factors included in Subsection 3.10(3)(b)(ii), a plan to provide a realistic opportunity to meet estimated needs for additional moderate income housing if long-term projections for land use and development occur.

3.12 EFFECT OF GENERAL PLAN.

(1) Except as provided in Utah Code Annotated Section 10-9a-406, the general plan is an advisory guide for land use decisions.

3.13 PUBLIC USES TO CONFORM TO GENERAL PLAN.

(1) After the legislative body has adopted a general plan no street, park or other public way, ground, place, or space, no publicly owned building or structure, and no public utility, whether publicly or privately owned, may be constructed or authorized until and unless it conforms to the current general plan.

3.14 BIENNIAL REVIEW OF MODERATE INCOME HOUSING ELEMENT OF GENERAL PLAN.

(1) The legislative body of each city shall biennially:

(a) review the moderate income housing plan element of its general plan and its implementation; and

(b) prepare a report setting forth the findings of the review.

(2) Each report under Subsection (1) shall include a description of:

(a) efforts made by the city to reduce, mitigate, or eliminate local regulatory barriers to moderate income housing;

(b) actions taken by the city to encourage preservation of existing moderate income housing and development of new moderate income housing;

(c) progress made within the city to provide moderate income housing, as measured by permits issued for new units of moderate income housing; and

(d) efforts made by the city to coordinate moderate income housing plans and actions with neighboring municipalities.

(3) The city council of each city shall send a copy of the report under Subsection

(a) to the Department of Community Development and the association of governments in which the city is located.

(4) In a civil action seeking enforcement or claiming a violation of this section or of Subsection 3.10(3)(b), a plaintiff may not recover damages but may be awarded only injunctive or other equitable relief.

3.15 PREPARATION AND ADOPTION OF LAND USE ORDINANCE OR ZONING MAP.

(1) The Planning Commission shall:

(a) provide notice as require by Subsection 1.18(1)(a);

(b) hold a public hearing on a proposed land use ordinance or zoning map;

(c) prepare and recommend to the legislative body a proposed land use ordinance or ordinance and zoning map the represent the planning commission’s recommendation for regulating the use and development of land within all or any part of the area of the municipality.

(2) the city council shall consider each proposed land use ordinance and zoning map recommended to it by the planning commission, and after providing notice as required by Subsection 1.18(2)(c) and holding a public meeting, the city council may adopt or reject the ordinance or map either as proposed by the planning commission or after making any revision the municipal legislative body considers appropriate.

3.16 ZONING DISTRICTS.

(1) (a) The city council may divide the territory over which it has jurisdiction into zoning districts of a number, shape, and area that it considers appropriate to carry out the purposes of this chapter.

(b) Within those zoning districts, the city council may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings and structures, and the use of land.

(2) The city council shall ensure that the regulations are uniform for each class or kind of buildings throughout each zoning district, but the regulations in one zone may differ from those in other zones.

(3) (a) There is no minimum area or diversity of ownership requirement for a zone designation.

(b) Neither the size of a zoning district nor the number of landowners within the district may be used as evidence of the illegality of a zoning district or of the invalidity of a municipal decision.