Utah Code 17-27a-301. Ordinance establishing planning commission required — Exception — Ordinance requirements — Planning advisory area planning commission — Compensation
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Terms Used In Utah Code 17-27a-301
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- County executive: means :(7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;(7)(b) the county executive, in the county executive-council optional form of government authorized by Section
17-52a-203 ; or(7)(c) the county manager, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5- County legislative body: means :
(8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;(8)(b) the county council, in the county executive-council optional form of government authorized by Section17-52a-203 ; and(8)(c) the county council, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5- Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
(2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and(2)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and(3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101- Legislative body: means the county legislative body, or for a county that has adopted an alternative form of government, the body exercising legislative powers. See Utah Code 17-27a-103
- Mountainous planning district: means an area designated by a county legislative body in accordance with Section
17-27a-901 . See Utah Code 17-27a-103- Planning advisory area: means a contiguous, geographically defined portion of the unincorporated area of a county established under this part with planning and zoning functions as exercised through the planning advisory area planning commission, as provided in this chapter, but with no legal or political identity separate from the county and no taxing authority. See Utah Code 17-27a-103
- Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 17-27a-103
- Rules of order and procedure: means a set of rules that govern and prescribe in a public meeting:
(65)(a) parliamentary order and procedure;(65)(b) ethical behavior; and(65)(c) civil discourse. See Utah Code 17-27a-103- Unincorporated: means the area outside of the incorporated area of a municipality. See Utah Code 17-27a-103
(1)(a) Except as provided in Subsection (1)(b), each county shall enact an ordinance establishing a countywide planning commission for the unincorporated areas of the county not within a planning advisory area.(1)(b) Subsection (1)(a) does not apply if all of the county is included within any combination of:(1)(b)(i) municipalities;(1)(b)(ii) planning advisory areas each with a separate planning commission; and(1)(b)(iii) mountainous planning districts.(1)(c)(1)(c)(i) Notwithstanding Subsection (1)(a), a county that designates a mountainous planning district shall enact an ordinance, subject to Subsection (1)(c)(ii), establishing a planning commission that has jurisdiction over the entire mountainous planning district.(1)(c)(ii) A planning commission described in Subsection (1)(c)(i) has jurisdiction subject to a local health department exercising the local health department’s authority in accordance with Title 26A, Chapter 1, Local Health Departments, and a municipality exercising the municipality’s authority in accordance with Section 10-8-15.(1)(c)(iii) The ordinance shall require that members of the planning commission be appointed by the county executive with the advice and consent of the county legislative body.(2)(2)(a) Notwithstanding Subsection (1)(b), the county legislative body of a county of the first or second class that includes more than one planning advisory area each with a separate planning commission may enact an ordinance that:(2)(a)(i) dissolves each planning commission within the county; and(2)(a)(ii) establishes a countywide planning commission that has jurisdiction over:(2)(a)(ii)(A) each planning advisory area within the county; and(2)(a)(ii)(B) the unincorporated areas of the county not within a planning advisory area.(2)(b) A countywide planning commission established under Subsection (2)(a) shall assume the duties of each dissolved planning commission.(3)(3)(a) The ordinance described in Subsection (1)(a) or (c) or (2)(a) shall define:(3)(a)(i) the number and terms of the members and, if the county chooses, alternate members;(3)(a)(ii) the mode of appointment;(3)(a)(iii) the procedures for filling vacancies and removal from office;(3)(a)(iv) the authority of the planning commission;(3)(a)(v) subject to Subsection (3)(b), the rules of order and procedure for use by the planning commission in a public meeting; and(3)(a)(vi) other details relating to the organization and procedures of the planning commission.(3)(b) Subsection (3)(a)(v) does not affect the planning commission’s duty to comply with Title 52, Chapter 4, Open and Public Meetings Act.(4)(4)(a)(4)(a)(i) If the county establishes a planning advisory area planning commission, the county legislative body shall enact an ordinance that defines:(4)(a)(i)(A) appointment procedures;(4)(a)(i)(B) procedures for filling vacancies and removing members from office;(4)(a)(i)(C) subject to Subsection (4)(a)(ii), the rules of order and procedure for use by the planning advisory area planning commission in a public meeting; and(4)(a)(i)(D) details relating to the organization and procedures of each planning advisory area planning commission.(4)(a)(ii) Subsection (4)(a)(i)(C) does not affect the planning advisory area planning commission’s duty to comply with Title 52, Chapter 4, Open and Public Meetings Act.(4)(b) The planning commission for each planning advisory area shall consist of seven members who shall be appointed by:(4)(b)(i) in a county operating under a form of government in which the executive and legislative functions of the governing body are separated, the county executive with the advice and consent of the county legislative body; or(4)(b)(ii) in a county operating under a form of government in which the executive and legislative functions of the governing body are not separated, the county legislative body.(4)(c)(4)(c)(i) Members shall serve four-year terms and until their successors are appointed and qualified.(4)(c)(ii) Notwithstanding the provisions of Subsection (4)(c)(i), members of the first planning commissions shall be appointed so that, for each commission, the terms of at least one member and no more than two members expire each year.(4)(d)(4)(d)(i) Each member of a planning advisory area planning commission shall be a registered voter residing within the planning advisory area.(4)(d)(ii) Subsection (4)(d)(i) does not apply to a member described in Subsection (5)(a) if that member was, prior to May 12, 2015, authorized to reside outside of the planning advisory area.(5)(5)(a) A member of a planning commission who was elected to and served on a planning commission on May 12, 2015, shall serve out the term to which the member was elected.(5)(b) Upon the expiration of an elected term described in Subsection (5)(a), the vacant seat shall be filled by appointment in accordance with this section.(6) Upon the appointment of all members of a planning advisory area planning commission, each planning advisory area planning commission under this section shall begin to exercise the powers and perform the duties provided in Section 17-27a-302 with respect to all matters then pending that previously had been under the jurisdiction of the countywide planning commission or planning advisory area planning and zoning board.(7) The legislative body may authorize a member of a planning commission to receive per diem and travel expenses for meetings actually attended, in accordance with Section 11-55-103. - County legislative body: means :