United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-301

Each municipality must enact an ordinance that creates a planning commission.

Source excerpt

land useland use applicationmeetingsmember removalmunicipal governancemunicipal ordinance proceduresmunicipal proceduresper diemplanning commissionplanning commission administrationplanning commission governancepublic meetingsrecusaltravel expenses

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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“Each municipality must enact an ordinance that creates a planning commission.”

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Ordinance establishing planning commission required -- Ordinance requirements -- Compensation.

Each municipality must enact an ordinance that creates a planning commission.

Section 10-20-301

Subsection 10-20-301(1)(b)(ii)

provide procedures for appointing a planning commission member;

Section 10-20-301(1)(b)(ii)

Subsection 10-20-301(1)(b)(v)

A planning commission member may be removed for specified misconduct, including misuse of public funds for political purposes, violating municipal ethics law, or acting with intent to influence land use decisions in a way that creates actual or unacceptable…

Section 10-20-301(1)(b)(v)

Subsection 10-20-301(1)(b)(vii)

A planning commission member must recuse themself from deliberating or voting on certain land use applications.

Section 10-20-301(1)(b)(vii)

Subsection 10-20-301(2)

The legislative body may authorize a member to receive per diem and travel expenses for meetings actually attended.

Section 10-20-301(2)

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Showing 21 of 21 provisions

Provision 21

Part 10-20-3

part 10-20-3 General Land Use Provisions

§ 10-20-301Ordinance establishing planning commission required -- Ordinance requirements -- Compensation.Provision

Source excerpt

Each municipality must enact an ordinance that creates a planning commission.

Ordinance establishing planning commission required -- Ordinance requirements -- Compensation. Each municipality shall enact an ordinance establishing a planning commission. The ordinance shall: include the number and terms of the planning commission members and, if the municipality chooses, alternate members; provide procedures for appointing a planning commission member; provide procedures for filling vacancies on the planning commission; provide procedures for removing a planning commission member from the planning commission and specify that: in a form of government described in Section 10-3b-301 or 10-3b-401 , and subject to any delegation of authority under Subsection 10-3b-303(1) or 10-3b-403(1) , the legislative body may remove a planning commission member; or in a form of government described in Section 10-3b-202 , the mayor may remove a planning commission member; except as provided in Subsection (1)(b)(vi) , describe the causes for which a planning commission member may be removed from the planning commission, which shall include: using public funds for a political purpose under Title 20A, Chapter 11, Part 12, Political Activities of Public Entities Act; violating a provision of Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; and acting with the intent to influence a land use decision or an appeal of a pending land use application in a manner that creates actual impermissible bias or an unacceptable risk of impermissible bias in the planning commission member's administrative or quasi-judicial duties; provide that a planning commission member deliberating about a specific pending land use application in a planning commission meeting with municipal staff, an elected official, or the land use applicant is not cause for removing a planning commission member from the planning commission; provide requirements for when a planning commission member shall recuse oneself from deliberating or voting on certain land use applications; define the authority of the planning commission; subject to Subsection (1)(c) , include rules of order and procedure for use by the planning commission in a public meeting; and include other details relating to the organization and procedures of the planning commission. Subsection (1)(b)(ix) does not affect the planning commission's duty to comply with Title 52, Chapter 4, Open and Public Meetings Act . The legislative body may authorize a member to receive per diem and travel expenses for meetings actually attended, in accordance with Section 11-55-103 .

Section 10-20-301Verify source

§ 10-20-301(1)Subsection 10-20-301(1)Provision

Source excerpt

Each municipality must adopt an ordinance creating a planning commission.

Each municipality shall enact an ordinance establishing a planning commission. The ordinance shall: include the number and terms of the planning commission members and, if the municipality chooses, alternate members; provide procedures for appointing a planning commission member; provide procedures for filling vacancies on the planning commission; provide procedures for removing a planning commission member from the planning commission and specify that: in a form of government described in Section 10-3b-301 or 10-3b-401 , and subject to any delegation of authority under Subsection 10-3b-303(1) or 10-3b-403(1) , the legislative body may remove a planning commission member; or in a form of government described in Section 10-3b-202 , the mayor may remove a planning commission member; except as provided in Subsection (1)(b)(vi) , describe the causes for which a planning commission member may be removed from the planning commission, which shall include: using public funds for a political purpose under Title 20A, Chapter 11, Part 12, Political Activities of Public Entities Act; violating a provision of Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; and acting with the intent to influence a land use decision or an appeal of a pending land use application in a manner that creates actual impermissible bias or an unacceptable risk of impermissible bias in the planning commission member's administrative or quasi-judicial duties; provide that a planning commission member deliberating about a specific pending land use application in a planning commission meeting with municipal staff, an elected official, or the land use applicant is not cause for removing a planning commission member from the planning commission; provide requirements for when a planning commission member shall recuse oneself from deliberating or voting on certain land use applications; define the authority of the planning commission; subject to Subsection (1)(c) , include rules of order and procedure for use by the planning commission in a public meeting; and include other details relating to the organization and procedures of the planning commission. Subsection (1)(b)(ix) does not affect the planning commission's duty to comply with Title 52, Chapter 4, Open and Public Meetings Act .

Section 10-20-301(1)Verify source

§ 10-20-301(1)(a)Subsection 10-20-301(1)(a)Provision

Source excerpt

Each municipality shall enact an ordinance establishing a planning commission.

Section 10-20-301(1)(a)Verify source

§ 10-20-301(1)(b)Subsection 10-20-301(1)(b)Provision

Source excerpt

The ordinance shall: include the number and terms of the planning commission members and, if the municipality chooses, alternate members; provide procedures for appointing a planning commission member; provide procedures for filling vacancies on the planning commission; provide procedures for removing a planning commission member from the planning commission and specify that: in a form of government described in Section 10-3b-301 or 10-3b-401 , and subject to any delegation of authority under Subsection 10-3b-303(1) or 10-3b-403(1) , the legislative body may remove a planning commission member; or in a form of government described in Section 10-3b-202 , the mayor may remove a planning commission member; except as provided in Subsection (1)(b)(vi) , describe the causes for which a planning commission member may be removed from the planning commission, which shall include: using public funds for a political purpose under Title 20A, Chapter 11, Part 12, Political Activities of Public Entities Act; violating a provision of Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; and acting with the intent to influence a land use decision or an appeal of a pending land use application in a manner that creates actual impermissible bias or an unacceptable risk of impermissible bias in the planning commission member's administrative or quasi-judicial duties; provide that a planning commission member deliberating about a specific pending land use application in a planning commission meeting with municipal staff, an elected official, or the land use applicant is not cause for removing a planning commission member from the planning commission; provide requirements for when a planning commission member shall recuse oneself from deliberating or voting on certain land use applications; define the authority of the planning commission; subject to Subsection (1)(c) , include rules of order and procedure for use by the planning commission in a public meeting; and include other details relating to the organization and procedures of the planning commission.

Section 10-20-301(1)(b)Verify source

§ 10-20-301(1)(b)(i)Subsection 10-20-301(1)(b)(i)Provision

Source excerpt

include the number and terms of the planning commission members and, if the municipality chooses, alternate members;

Section 10-20-301(1)(b)(i)Verify source

§ 10-20-301(1)(b)(ii)Subsection 10-20-301(1)(b)(ii)Provision

Source excerpt

provide procedures for appointing a planning commission member;

Section 10-20-301(1)(b)(ii)Verify source

§ 10-20-301(1)(b)(iii)Subsection 10-20-301(1)(b)(iii)Provision

Source excerpt

The planning commission must provide procedures for filling vacancies.

provide procedures for filling vacancies on the planning commission;

Section 10-20-301(1)(b)(iii)Verify source

§ 10-20-301(1)(b)(iv)Subsection 10-20-301(1)(b)(iv)Provision

Source excerpt

The legislative body may remove a planning commission member in certain forms of government, and the mayor may do so in another specified form of government.

provide procedures for removing a planning commission member from the planning commission and specify that: in a form of government described in Section 10-3b-301 or 10-3b-401 , and subject to any delegation of authority under Subsection 10-3b-303(1) or 10-3b-403(1) , the legislative body may remove a planning commission member; or in a form of government described in Section 10-3b-202 , the mayor may remove a planning commission member;

Section 10-20-301(1)(b)(iv)Verify source

§ 10-20-301(1)(b)(iv)(A)Subsection 10-20-301(1)(b)(iv)(A)Provision

Source excerpt

The legislative body may remove a planning commission member, subject to the referenced form of government and delegation provisions.

in a form of government described in Section 10-3b-301 or 10-3b-401 , and subject to any delegation of authority under Subsection 10-3b-303(1) or 10-3b-403(1) , the legislative body may remove a planning commission member; or

Section 10-20-301(1)(b)(iv)(A)Verify source

§ 10-20-301(1)(b)(iv)(B)Subsection 10-20-301(1)(b)(iv)(B)Provision

Source excerpt

If the government form in Section 10-3b-202 applies, the mayor may remove a planning commission member.

in a form of government described in Section 10-3b-202 , the mayor may remove a planning commission member;

Section 10-20-301(1)(b)(iv)(B)Verify source

§ 10-20-301(1)(b)(v)Subsection 10-20-301(1)(b)(v)Provision

Source excerpt

except as provided in Subsection (1)(b)(vi) , describe the causes for which a planning commission member may be removed from the planning commission, which shall include: using public funds for a political purpose under Title 20A, Chapter 11, Part 12, Political Activities of Public Entities Act; violating a provision of Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; and acting with the intent to influence a land use decision or an appeal of a pending land use application in a manner that creates actual impermissible bias or an unacceptable risk of impermissible bias in the planning commission member's administrative or quasi-judicial duties;

Section 10-20-301(1)(b)(v)Verify source

§ 10-20-301(1)(b)(v)(A)Subsection 10-20-301(1)(b)(v)(A)Provision

Source excerpt

using public funds for a political purpose under Title 20A, Chapter 11, Part 12, Political Activities of Public Entities Act;

Section 10-20-301(1)(b)(v)(A)Verify source

§ 10-20-301(1)(b)(v)(B)Subsection 10-20-301(1)(b)(v)(B)Provision

Source excerpt

This text refers to violating a provision of the Municipal Officers' and Employees' Ethics Act.

violating a provision of Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; and

Section 10-20-301(1)(b)(v)(B)Verify source

§ 10-20-301(1)(b)(v)(C)Subsection 10-20-301(1)(b)(v)(C)Provision

Source excerpt

acting with the intent to influence a land use decision or an appeal of a pending land use application in a manner that creates actual impermissible bias or an unacceptable risk of impermissible bias in the planning commission member's

Section 10-20-301(1)(b)(v)(C)Verify source

§ 10-20-301(1)(b)(vi)Subsection 10-20-301(1)(b)(vi)Provision

Source excerpt

A planning commission member may deliberate about a specific pending land use application in a meeting with municipal staff, an elected official, or the applicant without that deliberation alone being grounds for removal from the planning commission.

provide that a planning commission member deliberating about a specific pending land use application in a planning commission meeting with municipal staff, an elected official, or the land use applicant is not cause for removing a planning commission member from the planning commission;

Section 10-20-301(1)(b)(vi)Verify source

§ 10-20-301(1)(b)(vii)Subsection 10-20-301(1)(b)(vii)Provision

Source excerpt

A planning commission member must recuse themself from deliberating or voting on certain land use applications.

provide requirements for when a planning commission member shall recuse oneself from deliberating or voting on certain land use applications;

Section 10-20-301(1)(b)(vii)Verify source

§ 10-20-301(1)(b)(viii)Subsection 10-20-301(1)(b)(viii)Provision

Source excerpt

The planning commission has authority to define its authority.

define the authority of the planning commission;

Section 10-20-301(1)(b)(viii)Verify source

§ 10-20-301(1)(b)(ix)Subsection 10-20-301(1)(b)(ix)Provision

Source excerpt

subject to Subsection (1)(c) , include rules of order and procedure for use by the planning commission in a public meeting; and

Section 10-20-301(1)(b)(ix)Verify source

§ 10-20-301(1)(b)(x)Subsection 10-20-301(1)(b)(x)Provision

Source excerpt

include other details relating to the organization and procedures of the planning commission.

Section 10-20-301(1)(b)(x)Verify source

§ 10-20-301(1)(c)Subsection 10-20-301(1)(c)Provision

Source excerpt

The planning commission must comply with the Open and Public Meetings Act.

Subsection (1)(b)(ix) does not affect the planning commission's duty to comply with Title 52, Chapter 4, Open and Public Meetings Act .

Section 10-20-301(1)(c)Verify source

§ 10-20-301(2)Subsection 10-20-301(2)Provision

Source excerpt

The legislative body may authorize a member to receive per diem and travel expenses for meetings actually attended.

The legislative body may authorize a member to receive per diem and travel expenses for meetings actually attended, in accordance with Section 11-55-103 .

Section 10-20-301(2)Verify source

Legislative relationships

2 referenced instruments

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G–M

1 instrument

Municipal Officers' and Employees' Ethics Act
Section 10-20-301(1)(b)(v)(B)

N–S

1 instrument

Public Entities Act
Sections 10-20-301, 10-20-301(1), 10-20-301(1)(b), 10-20-301(1)(b)(v), 10-20-301(1)(b)(v)(A)

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Utah Code § 10-20-301

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