Article 8 Decision-making Bodies and Officials Revised 11/16

8.1 Planning and Zoning Commission

8.1.1 Planning and Zoning Commission Created

There is hereby created an advisory board known as the Planning and Zoning Commission (“Planning Commission” or “Commission”).

8.1.2 Land Use Authority

The Planning Commission is hereby designated as the land use authority for purposes of performing the powers and duties described in this section.

8.1.3 Organization

A.    Number and Appointment

The Planning Commission shall consist of 7 members who shall be appointed by the County Council. In addition to the 7 regular members, the County Council may choose to appoint one (1) non-voting, ex-officio member of the County Council to serve as a liaison between the Council and the Commission. County Council members may not serve as regular members of the Planning Commission

B.    Term of Office

1.    The term of office for regular Planning Commission members shall be staggered so that the terms of at least one (1) member and no more than 3 members expire each year. As the term of each regular member expires, the vacancy thus created shall be filled by a majority vote of the County Council for a term of 4 years, so as to maintain the succession of staggered terms of service.

2.    Terms of all regular members begin on January 1st and expire on December 31st of the 4th year following appointment. If the County Council has not appointed a new member(s) to the Commission at the expiration of term, the current Commission member(s) will remain on the Commission, if the Commission member(s) whose term(s) is expiring expresses in writing their desire to remain on the Commission until replaced by appointment of the County Council.

3.    The ex-officio member shall be elected by the County Council and shall continue to serve until replaced by appointment of the County Council. The term of office for the ex-officio member shall not extend beyond that member’s term as a member of the County Council.

4.    If a vacancy occurs other than by expiration of term, the County Council by majority vote shall appoint a new member to fill the unexpired term.

5.    Commission members may be removed for cause from office by 2/3 vote of the County Council prior to the expiration of the appointed term.

C.    Method of Appointment

1.    County staff shall publish notice of Commission vacancies in accordance with state statutes and local ordinances and policies. The published notice shall list the number of vacancies, general requirements for service, and an application due date.

2.    All statements of interest and qualifications received shall promptly be referred to the Planning Commission for consideration and recommendation.

3.    The Planning Commission shall interview candidates and make recommendations to the County in accordance with adopted County policy at a regular meeting or at a special meeting scheduled for this purpose.

D.    Qualifications

Each Planning Commission member shall be a resident and a registered voter of Grand County for at least 2 years prior to serving on the Commission.

E.    Officers and Procedures

The Chair and Vice-chair shall be elected as the last item of business at the first meeting of the year after the County Council appoints vacant seats. Their term shall start the meeting following the election.

1.    The Chairman shall preside over meetings. In the event a question over procedures arises, Robert’s Rules of Order shall prevail.

2.    The Commission shall create and fill other offices as it deems necessary.

3.    The recording of minutes of all Commission meetings shall be the responsibility of the County.

4.    A majority of the appointed members of the Commission shall constitute a quorum to do business, and the affirmative vote of at least 4 of the members in attendance shall be necessary to pass any motion.

5.    The Commission may establish additional rules and procedures to govern its operation.

6.    Regular Commission meetings shall be twice a month unless there are mitigating circumstances, such as a lack of quorum, lack of items to be discussed, holidays, or other circumstances. All meetings shall be public and shall abide by the open meeting law according to state statutes.

7.    Failure of any appointed member to attend 3 unexcused consecutive meetings of the Commission may be cause for written notification that his/her position will be vacated.

8.    Any officer elected by the Commission may be removed by two-thirds (2/3) vote of the total membership when, in its judgment, the best interest of the program will be served.

8.1.4 Powers and Duties

The Planning Commission shall have the following powers and duties:

A.    To recommend the boundaries of the various zoning districts and appropriate regulations to be enforced therein under this Code consistent with the policy guidance of the General Plan and the laws of the State of Utah to the County Council and to recommend approval or denial of zoning changes and regulations under this Code;

B.    To hear, recommend or determine any matter relating to zoning, planning or subdivision control as they may be specified or required under this Code or applicable laws of the State of Utah;

C.    To make and recommend a General Plan for the physical development of the County subject to the approval of the County Council, which in the Commission’s judgment bear relation to the planning of Grand County (Title 17-27-204 of the Utah Code);

D.    To conduct an annual review of the Grand County General Plan for the purpose of determining what is important to the community and whether or not amendments should be considered; and

E.    To exercise the duties and powers as may be now or hereafter conferred by this Code and the applicable laws of the State of Utah.

8.2 Hearing Officer Revised 11/16

8.2.1 Hearing Officer Created Revised 11/16

There is hereby created a position of Hearing Officer to serve in a quasi-judicial manner and serve as the final arbitrator of issues involving the interpretation or application of land use ordinances or a variance. [Ord. 537, 2015.]

8.2.2 Appeal Authority Revised 11/16

The Hearing Officer is hereby designated as the appeal authority for purposes of performing the powers and duties described in this section. [Ord. 537, 2015.]

8.2.3 Appointment Revised 11/16

A.    The Grand County Council shall appoint the Hearing Officer. The Hearing Officer shall be the appeal authority for purposes of this or other land use ordinances and shall also have the responsibility to review and act upon applications for variances. No member of the County Council or Planning and Zoning Commission shall serve as a Hearing Officer.

B.    The County Council shall enter into a contract with the Hearing Officer in order to identify the terms and conditions.

[Ord. 537, 2015.]

8.2.4 Powers and Duties Revised 11/16

The Hearing Officer shall not have the power to waive or modify the terms or requirements of the zoning ordinance; rather, she or he shall have the following powers, and shall have the power to impose reasonable conditions to insure compliance and protect adjacent property:

A.    To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative board or official in the enforcement of the ordinance codified in this section pursuant to Section 9.13 of this Code and Section 17-27a-701, Utah Code Annotated 1953, as amended.

B.    To permit variance or modifications of the height of structures, yard, area, and parking regulations pursuant to Section 9.14 of this Code and Section 17-27a-702, Utah Code Annotated 1953, as amended.

C.    To hear and approve and remand or reject the appeal of the physical takings or exaction of private property without just compensation pursuant to Section 9.12 of this Code and Section 78B-6-504 of the Utah State Judicial Code.

[Ord. 537, 2015.]

8.3 Zoning Administrator

There is hereby created an official administrative position know as the Zoning Administrator. The Zoning Administrator shall be appointed by, directed by, and serve at the pleasure of the County Council. The Zoning Administrator shall have the following jurisdiction, authority and duties:

A.    Issue Zoning Development Permits

The Zoning Administrator shall issue Zoning Development Permits as required by Section 9.18, Zoning development permits, prior to the issuance of any Building Permit.

B.    Administer the LUC

The Zoning Administrator administers the LUC and has those powers and duties expressly assigned to him/her under this LUC and otherwise delegated or assigned to him/her in accordance with County policy.

C.    Enforce the LUC

The Zoning Administrator shall enforce the provisions of this LUC.

D.    Interpret the LUC

The Zoning Administrator shall have the authority to make all interpretations of the LUC and the boundaries of the zoning district map.

8.4 Building Official

There is hereby created an official administrative position know as the Building Official. The Building Official shall be appointed by, directed by, and serve at the pleasure of the County Council. In addition to the jurisdiction, authority and duties which may be conferred on the Building Official by the International Building Code, the Building Official shall have the following jurisdiction, authority and duties:

8.4.1 Issue Building Permits

The Building Official shall issue applicable permits to allow construction activities which have received a Zoning Development Permit pursuant to the procedures in this LUC and deny Building Permits for activities which have not received a Zoning Development Permit.

8.4.2 Interpret and Enforce the Building Code

The Building Official shall interpret and enforce the applicable Building Code.

8.4.3 Enforce the LUC

The Building Official shall enforce the provisions of this LUC.