76-25-104. Planning commission.
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/mt/title-76/chapter-25/part-1/76-25-104·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
76-25-104 . Planning commission.
(a)Each local government shall establish, by ordinance or resolution, a planning commission.
(b)Any combination of local governments may create a multijurisdictional planning commission or join an existing commission pursuant to an interlocal agreement.
(i)Any combination of legally authorized planning boards, zoning commissions, planning and zoning commissions, or boards of adjustment existing prior to May 17, 2023, may be considered duly constituted under this chapter as a planning commission by agreement of the governing bodies of each jurisdiction represented on the planning commission.
(ii)If more than one legally authorized planning board, zoning commission, or planning and zoning commission exists within a jurisdiction, the governing bodies of each jurisdiction may agree to:
(A)designate, combine, consolidate, or modify one or more of the authorized boards or commissions as the planning commission; or
(B)create a new planning commission pursuant to this section and disband the existing boards and commissions.
(i)A local government subject to this chapter may continue to be represented on an existing city-county planning board, joint city-county planning board, or consolidated city-county planning board as authorized under Title 76, chapter 1, with other local governments and share in the membership duties and costs of the board.
(ii)A local government's continued participation in a planning board as set forth in subsection (1)(d)(i) is solely for the purposes set forth in Title 76, chapter 1.
(i)Each planning commission must consist of an odd number of no fewer than three voting members who are confirmed by majority vote of each local governing body.
(ii)Each jurisdiction must be equally represented in the membership of a multijurisdictional planning commission.
(b)The planning commission shall meet at least once every 6 months.
(c)Minutes must be kept of all meetings of the planning commission, and all meetings and records must be open to the public.
(d)A majority of currently appointed voting members of the planning commission constitutes a quorum. A quorum must be present for the planning commission to take official action. A favorable vote of at least a majority of the quorum is required to authorize an action at a regular or properly called special meeting.
(e)The ordinance, resolution, or interlocal agreement creating the planning commission must set forth the requirements for appointments, terms, qualifications, removal, vacancies, meetings, notice of meetings, officers, reimbursement of costs, bylaws, or any other requirement determined necessary by the local governing body.
(a)Except as set forth in subsection (3)(b), the planning commission shall review and make recommendations to the local governing body regarding the development, adoption, amendment, review, and approval or denial of the following documents:
(i)the land use plan and future land use map as provided in 76-25-201 ;
(ii)zoning regulations and map as provided in Title 76, chapter 25, part 3;
(iii)subdivision regulations as provided in Title 76, chapter 25, part 4; and
(iv)any other legislative land use planning document the local governing body designates.
(b)In accordance with 76-25-503 , the planning commission shall hear and decide appeals from any site-specific land use decisions made by the planning administrator pursuant to the adopted regulations described in subsection (3)(a). Decisions of the planning commission may be appealed to the local governing body as provided in 76-25-503 .
(4)The planning commission may be funded pursuant to 76-1-403 , 76-1-404 , and 76-1-406 .