Utah Code 17-27a-302. Planning commission powers and duties — Training requirements
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(1) Each countywide, planning advisory area, or mountainous planning district planning commission shall, with respect to the unincorporated area of the county, the planning advisory area, or the mountainous planning district, review and make a recommendation to the county legislative body for:
Terms Used In Utah Code 17-27a-302
- Adversely affected party: means a person other than a land use applicant who:(2)(a) owns real property adjoining the property that is the subject of a land use application or land use decision; or(2)(b) will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision. See Utah Code 17-27a-103
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 17-27a-103
- Conditional use: means a land use that, because of the unique characteristics or potential impact of the land use on the county, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. See Utah Code 17-27a-103
- General plan: means a document that a county adopts that sets forth general guidelines for proposed future development of:
(20)(a) the unincorporated land within the county; or(20)(b) for a mountainous planning district, the land within the mountainous planning district. See Utah Code 17-27a-103- Land: includes :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5- Land use applicant: means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land. See Utah Code 17-27a-103
- Land use authority: means :
(35)(a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or(35)(b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 17-27a-103- 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
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. 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
- Statute: A law passed by a legislature.
- Subdivision: includes :
(73)(b)(i) the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and(73)(b)(ii) except as provided in Subsection (73)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 17-27a-103- Unincorporated: means the area outside of the incorporated area of a municipality. See Utah Code 17-27a-103
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) a general plan and amendments to the general plan;(1)(b) land use regulations, including:(1)(b)(i) ordinances regarding the subdivision of land within the county; and(1)(b)(ii) amendments to existing land use regulations;(1)(c) an appropriate delegation of power to at least one designated land use authority to hear and act on a land use application;(1)(d) an appropriate delegation of power to at least one appeal authority to hear and act on an appeal from a decision of the land use authority; and(1)(e) application processes that:(1)(e)(i) may include a designation of routine land use matters that, upon application and proper notice, will receive informal streamlined review and action if the application is uncontested; and(1)(e)(ii) shall protect the right of each:(1)(e)(ii)(A) land use applicant and adversely affected party to require formal consideration of any application by a land use authority;(1)(e)(ii)(B) land use applicant or adversely affected party to appeal a land use authority’s decision to a separate appeal authority; and(1)(e)(ii)(C) participant to be heard in each public hearing on a contested application.(2) Before making a recommendation to a legislative body on an item described in Subsection (1)(a) or (b), the planning commission shall hold a public hearing in accordance with Section 17-27a-404.(3) A legislative body may adopt, modify, or reject a planning commission’s recommendation to the legislative body under this section.(4) A legislative body may consider a planning commission’s failure to make a timely recommendation as a negative recommendation.(5) Nothing in this section limits the right of a county to initiate or propose the actions described in this section.(6)(6)(a)(6)(a)(i) This Subsection (6) applies to a county that:(6)(a)(i)(A) is a county of the first, second, or third class; and(6)(a)(i)(B) has a population in the county’s unincorporated areas of 5,000 or more.(6)(a)(ii) The population figure described in Subsection (6)(a)(i) shall be derived from:(6)(a)(ii)(A) the most recent official census or census estimate of the United States Census Bureau; or(6)(a)(ii)(B) if a population figure is not available under Subsection (6)(a)(ii)(A), an estimate of the Utah Population Committee.(6)(b) A county described in Subsection (6)(a)(i) shall ensure that each member of the county’s planning commission completes four hours of annual land use training as follows:(6)(b)(i) one hour of annual training on general powers and duties under Title 17, Chapter 27a, County Land Use, Development, and Management Act; and(6)(b)(ii) three hours of annual training on land use, which may include:(6)(b)(ii)(A) appeals and variances;(6)(b)(ii)(B) conditional use permits;(6)(b)(ii)(C) exactions;(6)(b)(ii)(D) impact fees;(6)(b)(ii)(E) vested rights;(6)(b)(ii)(F) subdivision regulations and improvement guarantees;(6)(b)(ii)(G) land use referenda;(6)(b)(ii)(H) property rights;(6)(b)(ii)(I) real estate procedures and financing;(6)(b)(ii)(J) zoning, including use-based and form-based; and(6)(b)(ii)(K) drafting ordinances and code that complies with statute.(6)(c) A newly appointed planning commission member may not participate in a public meeting as an appointed member until the member completes the training described in Subsection (6)(b)(i).(6)(d) A planning commission member may qualify for one completed hour of training required under Subsection (6)(b)(ii) if the member attends, as an appointed member, 12 public meetings of the planning commission within a calendar year.(6)(e) A county shall provide the training described in Subsection (6)(b) through:(6)(e)(i) county staff;(6)(e)(ii) the Utah Association of Counties; or(6)(e)(iii) a list of training courses selected by:(6)(e)(iii)(A) the Utah Association of Counties; or(6)(e)(iii)(B) the Division of Real Estate created in Section 61-2-201.(6)(f) A county shall, for each planning commission member:(6)(f)(i) monitor compliance with the training requirements in Subsection (6)(b); and(6)(f)(ii) maintain a record of training completion at the end of each calendar year.