Chapter 4The regulations set forth in this chapter describe the Planning Commission and its membership, function and
responsibilities in administering and interpreting the Deweyville Town Land Management and Development
4.1 Planning Commission Created
There is hereby created a Town Planning Commission to consist of five (5) members. Members shall be
appointed by the Mayor with advice and consent of the Council. Two (2) alternates members may be appointed by the Mayor with advice and consent of the Council.
4.2 Terms and Eligibility of Members
Members of the Planning Commission shall serve terms of five years. One member shall be appointed every
year in December of the year of the expiration date of the term of the member. Terms may expire on the last
day of the year, but members on the Planning Commission shall continue to serve until their successors are
appointed and qualify. The Mayor shall appoint a new Planning Commission member to fill vacancies that
might arise and such appointments shall be to the end of the vacating member's term. Members of the Planning Commission shall be residents of or land/property owners Deweyville, and have resided or owned property within the Town for at least ninety (90) days prior to being appointed. Members are deemed to have resigned when they move their residences outside the Town limits.
4.3 Absence Deemed Resignation or Grounds for Removal
Any Planning Commission member who is absent from two (2) consecutive regularly scheduled meetings, or
a total of four (4) regularly scheduled meetings per calendar year may be called before the Town Council and asked to resign or be removed for cause by the Council.
4.4 Community Members
Appointments to the Planning Commission shall be made on a basis which fairly represents the interests of
all residents of the community of Deweyville.
The Planning Commission shall have all necessary powers conferred on Planning Commissions pursuant to
Chapter 9a of Title 10, Utah Code Annotated, 1953, as amended, and such other powers as are conferred on it by the Town Council.
The Planning Commission shall on or before the last Thursday in January each year elect a Chair who shall
serve a term of two years, but may be re-elected for any succeeding consecutive terms. A person may not serve more than four consecutive terms as Chair of the Planning Commission. The Chair will direct all commission meetings and may participate in any discussions, but shall have no vote except in case of a tie vote by the members of the Commission. The chair must vote if only 3 Planning Commission members are present (including the chair) at any given meeting.
In order to assist the Planning Commission in carrying out its duties, the Planning Commission may request
the assistance of other employees, committees or agents of the Town. The Deweyville Town Staff or Zoning
Administrator shall assist the Commission with technical matters. Zoning Administrator and/or the Town
Building Official will attend Commission meetings to assist and advise the Commission when necessary. The
Town Council may appoint a secretary to keep minutes and post agendas of meetings and/or hearings for the Planning Commission. The secretary may be paid for services rendered as agreed upon by the Town Council.
The Planning Commission is intended to act as a non-political, long range planning body for the Town. Review of specific projects shall be limited to those matters specifically requiring their consideration, and to the monitoring and reviewing of the decisions of the Town Staff, constantly making sure that all development
decisions in the Town conform to the General Plan of the Town as adopted and/or revised by the Planning
Commission and Town Council. The Planning Commission shall review those matters designated in this Land Management and Development Code and interpret and enforce this code to the best of their ability. The Planning Commission may also have joint meetings with the Town Council to advise or be advised on
development matters as they may arise from time to time.
4.9 Meetings and Hearings
The Planning Commission shall establish procedures for its own meetings and hearings governing
presentations of projects and public responses, and public impact or comment on specific projects or general
issues. Planning Commission meetings are open to the public and will conform to the Utah Open Meetings Act. Notice will be provided for as per section 1.6 for hearings and an annual meeting schedule will be posted and published at least once a year in a newspaper of general circulation in Deweyville Town.
The Planning Commission shall keep official minutes of its meetings, which shall be permanently stored with
the Town Recorder and available for public inspection.
All decisions of the Planning Commission shall be included in the minutes. Where written findings are
required, the findings may be prepared separately, but shall be incorporated into the minutes.
4.12 Quorum Requirement
The Commission shall not conduct any business at a meeting unless a quorum is present. A quorum shall
consist of a majority of the appointed members of the Commission, including the Chairman for computation
purposes. The Chair must vote if only 3 Planning Commission members are present (including the Chair) at
any given meeting.
Actions of the Commission pass with three (3) affirmative votes. If only two members and the Chair are present at any given meeting, the Chair may vote on all actions presented at that meeting. The Commissioner elected Vice Chair shall, at all times, be entitled to cast his or her vote as a member of the Commission, including those occasions on which he or she is acting as Chair. Voting to remove an item of business from the consent agenda shall require an affirmative vote of three (3) of the members present to pass, including the Chair. The majority of those members present may vote to close any meeting.
4.14 Review by Planning Commission
General planning and review of specific development projects by the Planning Commission shall be divided
into the following functions:
(a) Town Comprehensive planning and zoning review,
(b) subdivision approval,
(c ) Master Planned Development approval,
(d) ratification of Planning Department actions,
(e) review of decisions from the Town Staff on appeal,
(f) plat approval,
(g) termination of inactive applications and
(h) sensitive lands review.
The scope of review for each of these functions is as follows:
4.14.1 Town Comprehensive Planning and Zoning Review
The Planning Commission shall have the primary responsibility to initiate long-range master
planning for the Town, including planning for adequate streets, parks, trails, and recreation facilities,
long-range zoning objectives, and periodic review of existing plans to amend them or keep them
current. The Commission shall review proposed annexation to the Town and recommend action and
zoning on land to be annexed. The Commission shall initiate or recommend zone changes and review
the development standards within zones. The Commission shall hear all requests for zone changes.
4.14.2 Subdivision Approval
The Planning Commission shall review all applications for subdivisions under the provisions of any
applicable Deweyville Subdivision Codes and regulations and this Code, namely chapter 8.
4.14.3 Master Planned Developments Approval
All proposals for Master Planned Development approval shall be reviewed by the Planning
Commission. An application must be filed with the Planning Commission in a form as described in
Chapter 9. In reviewing requests for Small and Large Scale Master Planned Development approval,
the Commission shall consider the overall planning for the proposed project, including:
(a) Site planning for the project;
(b) Traffic circulation within the project and on the adjoining streets, both existing and
(c ) Land uses within the proposed project area including the mixture of commercial and
(d) Density of development;
(e) Identification of development parcels within the larger tract, and the order in which
development is proposed or should be permitted to allow for the orderly and economic
expansion of Town services and infrastructure;
(f) Compatibility with surrounding land uses;
(g) Other pertinent planning and land use issues that are affected by the project, such
as the effects on schools, fire protection, water, sewer and utility services, drainage, and
similar on and off site issues; and geologic or other natural hazards;
(h) Compatibility with the General Plan adopted by the Town;
(i) Utility capacity;
(j) Emergency vehicle access;
(k) Location and amount of off-street parking;
(l) Internal circulation system;
(m) Fencing, screening, and landscaping to separate the use from adjoining uses;
(n) Building mass, bulk, and orientation, and the location of buildings on the site;
(o) Usable open space and open space conservation alternatives;
(p) Signage and lighting;
(q) Physical design and compatibility with surrounding structures in mass, scale, style,
design, and architectural detailing, and general architectural theme;
(r ) Noise, vibration, odors, steam, smoke, or other mechanical factors that affect people
and property offsite;
(s) Control of delivery and service vehicles, loading and unloading zones, and
screening of trash or re-cycling pick-up or storage areas;
(t) Expected ownership and management of the project as primary residences,
condominiums, time interval ownership, nightly rental, or commercial tenancies;
(u) Sensitive Lands issues and delineation (if needed) and mitigation measures if
necessary or applicable;
(v) Right to farm issues and impacts as per 3.27 of this code;
(w) Review of Design Standards compliance.
126.96.36.199 Nature of Approval
Upon review and consideration of the proposal, the Planning Commission may approve,
disapprove, or modify and approve the request for Master Planned Development approval.
The approval process shall establish the following items:
(a) Designation of land uses within the project area;
(b) Designation of identifiable development parcels within the total project
area. These development parcels are not required to be divided or platted as
subdivision lots, but may be designated on maps as a part of the approval with a
final legal description of the parcels to be required at the time each is developed or
sold, leased, or otherwise transferred or separated from the whole tract.
(c ) Designation of the land use or mixture of uses for each development
(d) Designation of density ranges in Unit Equivalents for each development
(e) Designation of the order of development, including concurrence plans and
issues to ensure economical and efficient expansion of Town services and
(f) Designation of specific conditions to the development of any parcels which
are by their nature more subject to development constraints than the typical parcel
in the proposed development;
(g) Designation of density transfers from one parcel to another, if any;
(h) Whether or not there will be commercial uses on all or some of the
development parcels identified, and if so, the specific parcels that will include
(i) The general architectural or design theme and character of the overall
(j) Adequate protection of rights to farm in adjacent agricultural areas.
(k) Sensitive Lands protection and/or mitigation measures.
188.8.131.52 Length of Approval
The Master Planned Development approval granted by the Planning Commission shall be
effective so long as construction is proceeding in accordance with the approved phasing plan.
Approval will lapse after two years of inaction, unless extended for up to two years by the
Planning Commission. Zone changes occurring while the approval is in effect shall not affect
the approval. Changes in the Master Plan requested by the developer will be reviewed and
approved as a revision to the Master Plan by the Planning Commission. A change will be
defined as any change in concept, unit type, configuration or number. At that time, the
Planning Commission shall review the entire MPD, even if only one parcel or phase is
involved in the modification under the regulations in effect at the time of review.
Modification shall act as an extension of the approval.
184.108.40.206 Record of Approval
When a Master Planned Development approval is granted, the approval shall be noted in a
recordable document stating the legal description of the property involved, and at least the
general nature of the approval. The notice shall direct interested persons to the Town to
review the actual master plan. The purpose of the recording is to put prospective purchasers
on notice that the land has been included within a master plan that has established density
ranges and land uses that might be more or less restrictive to individual parcels than the
underlying zoning regulations might imply.
220.127.116.11 Development on Planned Parcels
Development proposals for each approved development parcel within the Master Plan
Development approval is reviewed by the Planning Commission under the conditional use
process, regardless of the size or nature of the development.
4.14.4 Ratification of Departmental Actions
The Planning Commission shall review all actions of the Zoning Administrator on the approval of
conditional use applications. Conditional use approvals shall be placed on the Planning Commission
agenda under a section designated as the consent agenda, with such supporting material as the Zoning
Administrator and the Commission Chair determine is appropriate or necessary for the information
of the Commission members. All items on the consent agenda shall be passed or denied by a single
motion at the Commission meeting, unless a motion to remove a specific item is made. Motions to
remove specific items from the consent agenda shall state the reasons for the removal, referring to
specific planning issues or Code sections which the Commissioner making the motion does not think
have been satisfactorily resolved or complied with. Motions to remove items from the consent agenda
shall be passed by a vote of three (3) of the Commission members present and voting on the issue,
including the Chair. When an item is removed from the consent agenda, it shall be acted on at the
same meeting at which the removal occurs, unless the developer requests the item to be tabled in order
to prepare additional information to respond to the Commission's concerns. The following items may
be placed on the consent agenda as the Chair may direct:
(a) Conditional use permits;
(b) Development on approved Minor Master Planned Developments;
(c ) Final Plat approvals for either of the above, or plat approvals for condominiums or
other projects, and subdivisions;
(d) Requests for extensions of conditional use approvals, Minor Master Planned
Development approvals, or Master Planned Development approvals;
(e) Other items of a perfunctory or ratification nature which the Chair directs be place
on the consent agenda for action.
4.14.5 Review of Staff Actions
At any time, the developer or any non-owner as defined in this code may request that staff actions on
a project be reviewed by the Planning Commission. The scope of review by the Planning Commission
shall be the same as the scope of review at the staff level on the matters at issue.
4.14.6 Plat Approval
The Commission shall review all plats to be recorded affecting land within the Town limits or
annexations to the Town. The scope of review on plat approval is limited to finding substantial
compliance with the provisions of the State Statute on recording of plats, and that all previously
imposed conditions of approval, whether imposed by the staff or the Commission, have been satisfied.
The Plat must also comply with all the regulations and procedures contained in this code. Upon
finding that the plat is in compliance with the State Statute and this code, and that conditions of
approval have been satisfied, the plat must be approved. No new conditions may be imposed at the
plat approval stage. The Town Engineer, Town Attorney, Town Recorder, Town Council, and Mayor
shall all review the plat as required by statute before recording. Plats may be approved on the consent
4.14.7 Inactive Projects
See Termination of Projects in Chapter 1.
4.14.8 Sensitive Lands Review
Any project falling within the Sensitive Lands Overlay Zone or containing designated sensitive lands,
may be subject to additional requirements and regulations as outlined in the Sensitive Lands
Regulations contained in chapter 10 of this code.
4.14.9 Right to Farm Review
Any project falling within the purview or scope of section 3.27 of this code, may be subject to
additional requirements and regulations as outlined in the Right to Farm provision of that section of
Town of Deweyville Land Management and Development Code