(1) The planning commission shall review and make a recommendation to the legislative body for:

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Terms Used In Utah Code 10-9a-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 10-9a-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 10-9a-103
  • City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
  • Conditional use: means a land use that, because of the unique characteristics or potential impact of the land use on the municipality, 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 10-9a-103
  • General plan: means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality. See Utah Code 10-9a-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 10-9a-103
  • Land use authority: means :
         (31)(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
         (31)(b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 10-9a-103
  • Legislative body: means the municipal council. See Utah Code 10-9a-103
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipality: means :
         (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
         (5)(b) a town, as classified in Section 10-2-301; or
         (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
  • 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 10-9a-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 10-9a-103
  • Statute: A law passed by a legislature.
  • Subdivision: includes :
              (68)(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
              (68)(b)(ii) except as provided in Subsection (68)(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 10-9a-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 municipality; 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 10-9a-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 municipality to initiate or propose the actions described in this section.
(6)

     (6)(a)

          (6)(a)(i) This Subsection (6) applies to:

               (6)(a)(i)(A) a city of the first, second, third, or fourth class; and
               (6)(a)(i)(B) a city of the fifth class with a population of 5,000 or more, if the city is located within a county of the first, second, or third class.
          (6)(a)(ii) The population figures 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 municipality described in Subsection (6)(a)(i) shall ensure that each member of the municipality’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 10, Chapter 9a, Municipal 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 municipality shall provide the training described in Subsection (6)(b) through:

          (6)(e)(i) municipal staff;
          (6)(e)(ii) the Utah League of Cities and Towns; or
          (6)(e)(iii) a list of training courses selected by:

               (6)(e)(iii)(A) the Utah League of Cities and Towns; or
               (6)(e)(iii)(B) the Division of Real Estate created in Section 61-2-201.
     (6)(f) A municipality 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.