Chapter 3 – Administration and Enforcement

3.1 AMENDMENTS TO THE ZONING CODE OR MAP
3.2 REVIEWING BODIES
3.3 APPLICANT ENTITLED TO FUNDAMENTAL FAIRNESS IN REVIEW PROCESS
3.4 FEE SCHEDULE FOR PERMITS.
3.5 ALLOWED USE REVIEW.
3.6 CONDITIONAL USE REVIEW
3.7 SIGN PERMIT REVIEW
3.8 TELECOMMUNICATIONS
3.9 NOTICE
3.10 TERMINATION OF PROJECTS FOR INACTION
3.11 PENALTIES
3.12 GENERAL ENFORCEMENT AUTHORITY
3.13 NOTICE OF VIOLATION
3.14 SERVICE OF NOTICES
3.15 REMEDIATION PROCESS
3.16 FINE RECOVERY PROCESS
3.17 LICENSING
3.18 APPEALS AND RECONSIDERATION PROCESS
3.19 CONSTITUTIONAL TAKINGS REVIEW AND APPEAL
3.20 NOTICE MATRIX

3.1 AMENDMENTS TO THE ZONING CODE OR MAP

Amendments to this chapter shall be made in the following manner:

  1. APPLICATION. An applicant must file a written request for amendment with the Planning Commission. The City Council, Planning Commission, or owner /applicant may initiate an amendment as provided below.  An owner /applicant shall pay the filing fee prescribed by resolution, and shall file an application, which shall include, without limitation:
    1. The legal description of all property included;
    2. Common address if available; and
    3. A written statement addressing the criteria required for approval pursuant to Section 3-1E.
  2. HEARINGS BEFORE PLANNING COMMISSION. The Planning Commission, a Land Use Authority, shall hold a public hearing on all amendments to this chapter or to the Land Use Zoning Map. The commission shall cause a notice, including a description of the property for which the zoning amendment is requested, a brief explanation of the proposed zoning, and the date, place and time of the public hearing, to be prepared as provided in Section 3-9 below. The purpose of the notice is to reasonably inform the general public, surrounding property owners and governmental jurisdictions of the application.  No minor omission or defect in the notice or mailing shall be deemed to impair the validity of the proceedings to consider the application. 
  3. ACTION BY PLANNING COMMISSION. Following the public hearing, the Planning Commission shall adopt a written recommendation to the City Council, advising the Council to approve, disapprove, or modify the proposal. If the Planning Commission fails to take action within 60 days of the close of the public hearing, the City Council shall consider the matter forwarded from the Planning Commission with a negative recommendation.
  4. HEARING BEFORE CITY COUNCIL. The City Council may hold a public hearing on all proposed amendments to this chapter or Land Use Zoning Map forwarded from the Planning Commission. Notice of the public hearing shall be provided in accordance with Section 3-1B. 
  5. CRITERIA/REQUIRED FINDINGS. The City’s land use zoning is the result of a detailed and comprehensive review and determination of the City’s present and future land use allocation needs. In order to establish and maintain sound, stable, and desirable development within the City, rezoning of land is to be discouraged and allowed only under the limited circumstances herein described. Therefore, the Planning Commission may recommend, and the City Council may grant, a rezoning application only if it determines, in written findings, that the rezoning is consistent with the policies and goals of the Fountain Green City General Plan and that the applicant has demonstrated the following:
    1. The proposed rezoning is necessary either to comply with the Fountain Green City General Plan proposed Land Use Map, or to provide land for a community need that was not anticipated at the time of adoption of the Fountain Green City General Plan; or
    2. Existing zoning was either the result of a clerical error or a mistake of fact, or that it failed to take into account the constraints on development created by the natural characteristics of the land, including but not limited to, steep slopes, floodplain, unstable soils, and inadequate drainage; or
    3. Land or its surrounding environs has changed or is changing to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changed character of the area.
  6. TEMPORARY OR EMERGENCY ZONING. The City Council may enact an ordinance, without a public hearing or Planning Commission recommendation, which establishes temporary zoning regulations for any part or all of the area within the City if the:
    1. City Council makes a written finding of compelling, countervailing public interest; or
    2. The area is not zoned. 

Temporary zoning regulations may prohibit or regulate the erection, construction, reconstruction, or alteration of any building or structure or any subdivision approval. The City Council shall establish a period of limited effect for the ordinance, which period may not exceed six months.

3.2 REVIEWING BODIES

The Board of Adjustment (BOA), the Planning Commission (PC), and the City Council (CC) each have the following primary authority to review Applications for compliance with this Chapter:

Table 3.2   REVIEWING BODIES
A- Appeal, D- Decision, R- Review

Type of Review PC CC BOA
Building Permit for Residential-Agriculture (RA) Zone D   A
Building Permit for Business-Commercial (BC), Public Facilities (PF) and SensitiveLands (SL) Zones R D A
Allowed Use Appeal R D A
Conditional Use R D A
Noncomplying Use or Structure D   A
Subdivision Adoption orAmendment R D A
Zoning Map or OrdinanceAdoption or Amendment R D  
General PlanVariance   R D

 

  2. No building permit shall be valid for any structure unless the permit for the proposed structure has been submitted to and approved by the Planning Commission or City Council. 
  3. No new use shall be valid on any property unless the use is allowed in the zone, or unless a conditional use permit has been properly issued for the use. 
  4. No subdivision map shall be recorded unless all conditions of subdivision approval have been satisfied or otherwise secured. 
  5. The Planning Commission reviews allowed uses, administrative lot line adjustments, modifications of noncomplying structures and conditional uses and the Planning Commission issues building permits in the Residential-Agriculture zone. The City Council issues building permits in the Business-Commercial, Public Facilities and Sensitive Lands zones. 
  6. The Planning Commission reviews, holds a public hearing if required and forwards a recommendation to the City Council regarding each application for conditional use permits, subdivision approval, subdivision plat amendment, initial zoning, rezoning, and amendments to this Chapter.  
  7. The Board of Adjustment hears all requests for variances.
  8. The Board of Adjustment shall hear all appeals. 

3.3 APPLICANT ENTITLED TO FUNDAMENTAL FAIRNESS IN REVIEW PROCESS

Each applicant is entitled to a timely written decision and to timely judicial review of each decision made by a Land Use Authority

  1. REQUEST FOR DETERMINATION OF COMPLETE APPLICATION.  Fountain Green City shall, in a timely manner, determine whether an application is complete for the purposes of subsequent, substantive land use authority review.  After a reasonable period of time to allow Fountain Green City to diligently evaluate whether all objective ordinance-based application criteria have been met, and if application fees have been paid, the applicant may in writing request that Fountain Green City provide a written determination either that the application is:
    1. Complete for the purposes of allowing subsequent, substantive land use authority review; or
    2. Deficient with respect to a specific, objective, ordinance-based application requirement.
    3. Within 30 days of receipt of an applicant’s request under this section, Fountain Green City shall either:
      1. Mail a written notice to the applicant advising that the application is deficient with respect to a specified, objective, ordinance-based criteria, and stating that the application must be supplemented by specific additional information identified in the notice; or
      2. Accept the application as complete for the purposes of further substantive processing by the land use authority.
  2. REQUEST FOR FINAL ACTION ON A COMPLETE APPLICATION.  Each land use authority shall substantively review a complete application and an application considered complete under Subsection A and shall approve or deny each application with reasonable diligence.
    1. After a reasonable period of time to allow the land use authority to consider an application, the applicant may in writing request that the land use authority take final action within 45 days from date of service of the written request.
    2. The land use authority shall take final action, approving or denying the application within 45 days of the written request. If the land use authority denies an application processed as outlined above or if the applicant has requested a written decision on the application, the land use authority shall include its reasons for denial in writing, on the record, which may include the official minutes of the meeting in which the decision was rendered.
    3. If the land use authority fails to comply within the 45-day period the applicant may appeal this failure to district court within 30 days of the date on which the land use authority should have taken final action. Subject to Utah State Code (Section 10-9a-509) nothing in this section and no action or inaction of the land use authority relieves an applicant’s duty to comply with all applicable ordinances and regulations of the city.

3.4 FEE SCHEDULE FOR PERMITS

A schedule of fees for all permits required by this Ordinance shall be established by resolution by the City Council and shall be revised as needed by the City Council.

3.5 ALLOWED USE REVIEW

  1. PLAN REVIEW PROCESS.  The following process, and those outlined in Chapter 10, applies to all applications for new development.
  2. INITIAL CONTACT.  An applicant for new development shall contact the Planning Commission to discuss the scope and purpose of the proposed development and the requirements of this Ordinance, including the following: 
    1. An allowed use within the zone;
    2. Complies with all applicable development requirements of the zone, including building height, setback, front, side, and rear yards, and lot coverage;
    3. Respects lot lines of a legally subdivided lot;
    4. Complies with the parking requirements for the zone.
    5. Conforms with applicable design guidelines, if any, for the zone;
    6. Can adequately be serviced by roads, existing or proposed utility systems or lines; and
    7. Pertains to land on which proof of ownership is verified.
  3. PRELIMINARY REVIEW.  The applicant shall provide the Planning Commission with the following:
    1. A statement of intended use;
    2. Drawings in sufficient detail to allow staff to review the proposal for compliance with this Ordinance;
    3. The serial number for the parcel; 
    4. A vicinity map to orient the parcel to its surrounding infrastructure;
    5. Project identification (project name, location, developer and developer’s address and contact information);
    6. Concept drawings shall be either 8½” x 11” or 11” x 17” and shall include the following:
      1. Location and height of existing and proposed structures within the proposed development and location of existing structures within 100 feet of the proposed development;
      2. Location of fire hydrants and street lights within 250 feet of the proposed development;
      3. Property lines and dimensions indicating total site area, parking and driveway area, gross area of all buildings and structures, area of proposed landscaping indicated as a percentage of lot coverage by landscaping;
      4. North arrow indicator;
      5. Proposed buildings, parking areas, drive-aisle widths, road or driveway lengths and landscaped areas.  Indicate number, layout, and size of proposed parking spaces;
      6. Locations of access, curb cuts, gutters, sidewalks and proposed driveways as well as proposed traffic and pedestrian circulation patterns; 
      7. Public improvements and dedications; 
      8. Location and design of proposed walls, landscaping and exterior lighting; 
      9. Phasing plan, if any; 
      10. Description and hours of intended uses; and 
      11. Payment of the application fee set by fee resolution.
  4. RESIDENTIAL SITE PLAN REVIEW.  The site plan drawings shall include:
    1. Dated drawings prepared on a 8 ½” x 11” to 22” x 34” format;
    2. Indicated scale shall be no less than 1” = 40’;
    3. Name of project/development, physical address, property serial number(s), owner’s name and developer’s name;
    4. Property dimensions;
    5. North arrow indicator;
    6. Total site area in acres;
    7. Parking and driveway area, access(es) into project;
    8. Location, size and height (28 feet maximum) of new buildings, structures, and accessory building(s) including all setbacks, agricultural and fire-safety minimum distances;
    9. Location and size of existing buildings and structures including all setbacks, agricultural and fire-safety minimum distances;
    10. All existing sewer mains, water mains, fire hydrants, and electric lines;
    11. Intended uses of all buildings and structures;
    12. Fence heights, materials and location; and
    13. Any further information related to the specific site development as requested by Fountain Green City Officials.
  5. COMMERCIAL SITE PLAN REVIEW. (Not a Subdivision) The site plan drawings shall include:
    1. Dated drawings prepared on a 22” x 34” format;
    2. Indicated scale shall be no less than 1” = 40’;
    3. Name of project/development, physical address, property serial number(s), owner’s name and developer’s name;
    4. Property dimensions;
    5. North arrow indicator;
    6. Total site area in acres;
    7. Parking and driveway location, size and access(es) into project;
    8. Location, size and height (28 feet maximum) of new buildings, structures, and accessory building(s) including all setbacks, agricultural and fire-safety minimum distances;
    9. Location and size of existing buildings and structures including all setbacks, agricultural and fire-safety minimum distances;
    10. Distances to off-site structures;  
    11. Landscaped area (indicate percentage of total site area to be landscaped); landscape/planting plan – type, initial and estimated mature sizes;
    12. All existing and proposed sewer mains, water mains, fire hydrants, and electric lines;
    13. Building elevations with proposed materials of construction for new construction or exterior modifications of existing buildings;
    14. Provide existing and proposed utility and lighting information;
    15. Proposed signs and lighting for signs;
    16. Proposed and existing fences, walls, hedges, screening; and
    17. Any further information related to the specific site development as requested by Fountain Green City Officials.
  6. BUILDING PERMIT.  Upon approval of the building and site plan drawings, and payment of all applicable fees, and compliance with the International Building Code, the Planning Commission or City Council, as appropriate, shall issue a building permit to the applicant. A permit shall also be required in order to move any building or structure from one lot to another. 
  7. INSPECTIONS.  The Fountain Green City designated official shall inspect the project during construction through its completion to verify conformance with approved plans.
  8. REJECTED USES.  If an application does not meet the criteria set forth above, the Commission shall notify the applicant stating specifically which criteria have not been satisfied.

    If an application for a development approval, permit or license is denied for failure to meet the requirements of this ordinance, an application for all or part of the same property shall not be considered until all requirements are met unless the prior denial was based upon a mistake of fact, or on a motion duly passed by the Council to act immediately and identifying a valid public purpose. 
  9. DISCLAIMER. No permit shall be valid if any of the criteria listed in this section has not been met.

3.6 CONDITIONAL USE REVIEW

There are certain uses that, because of unique characteristics or the potential for detrimental impacts, may not be compatible in some areas of a zone or may be compatible only if certain conditions are imposed.  The Planning Commission will evaluate all conditional use permit applications.  The Planning Commission shall review all applications for a conditional use permit according to the following procedure:

  1. DEVELOPMENT REVIEW COMMITTEE. If determined necessary by the Planning Commission, an applicant shall attend a pre-application conference with the Planning Commission and other city staff or departments to discuss the proposed improvements associated with the conditional use and the conditions that the staff would recommend to mitigate proposed adverse impacts. This meeting will allow any other City Departments to provide comments on the application.
  2. THE APPLICATION. An applicant must pay all appropriate fees upon approval of a complete application. 
  3. PUBLIC HEARING. Upon receipt of a complete application, the Planning Commission shall provide reasonable notice if required by Section 3-9.   The Planning Commission may conduct a public hearing on the conditional use permit application and shall either approve, deny, or modify and approve the application. 
  4. STANDARDS FOR REVIEW. The City shall not issue a conditional use permit unless the Planning Commission, in consideration of all other conditional uses granted,  concludes that the application complies with the standards of review specific to the zone in which the use is proposed. 
  5. TRANSFERABILITY.  A conditional use permit runs with the land. 
  6. EXPIRATION. Conditional use permits expire January 31st of each year unless the holders of each permit visit the Planning Commission at the regularly scheduled meeting or send a letter postmarked no later than the second Thursday of that January to the Planning Commission secretary to assert no changes or violations of conditional use permit. When any provision of the Conditional Use Permit is utilized, the other portions and conditions related thereto become immediately operative and shall be strictly enforced. Utilization shall be construed to mean any degree of commencement of the use or uses for which the Conditional Use Permit was granted.
  7. ANNUAL REVIEW. The Planning Commission will review conditional use permits  each January for compliance with all final conditions of approval.  Conditional use permits for dog kennel licenses after two years of no verified complaints or changes will not require annual approval unless verified complaints or changes are made.
  8. REVOCATION.  If the Planning Commission determines that the holder of a conditional use permit is in violation of the terms or conditions upon which the permit was issued, the city recorder shall notify the permit holder and schedule a public hearing before the Planning Commission at which the permit holder must show cause to the Planning Commission why the conditional use permit should not be revoked.  If the Planning Commission determines that the terms or conditions of the permit have been violated, it shall cause the permit holder to specify how the holder will promptly comply with the terms and conditions of the permit, or it shall revoke the permit.
  9. APPEALS. Appeals must be made pursuant to Section 3-18 herein. 

3.7 SIGN PERMIT REVIEW

This code regulates to the maximum extent allowed by law. 

  1. EXCEPTIONS.  The following signs are not regulated by this code:
    1. Signs of a governmental nature for the control of traffic and other regulatory purposes such as street signs, danger signs, railroad crossing signs and signs of public service companies indicating danger and aids to service or safety;
    2. Signs which are associated with public and quasi-public organization functions and which are clearly of a temporary nature;
    3. Interior signs;
    4. Campaign signs;
    5. Flags, emblems, or insignias of any nation or political subdivision;
    6. Signs not exceeding six square feet in area and bearing only property numbers, postal box numbers or names of occupants of premises, or other noncommercial signage;
    7. Legal notices, identification information, or directional signs erected by governmental bodies;
    8. Commemorative plaques of recognized historical agencies, or identification emblems or symbols of religious orders, provided that no such plaque, symbol or identification emblem exceeds six square feet in area, and such plaque, symbol or emblem is placed flat against a building; and
    9. Existing signage, which has been previously approved, shall not be required to comply with this chapter insofar as the initial installation is concerned. All other requirements are applicable. 
  2. NONCONFORMING SIGNS.  A nonconforming sign shall not be reconstructed, raised, moved, placed, extended or enlarged unless said sign is changed so as to conform to all provisions of this chapter, or a conditional use permit is applied for and approved. Alterations shall not be interpreted to include changing the text or copy of off-premises advertising signs, theater signs, outdoor bulletin or other similar signs which are designed to accommodate changeable copy. 
  3. ABATEMENT.  The nonconforming sign provisions of this chapter shall not be applicable to prohibited signs.
  4. PERMITS.  Except as provided in this code, it is unlawful to display, erect, relocate, or alter any sign without first submitting a sign permit application to the Planning Commission and obtaining the sign permit. When a Fountain Green City sign permit has been issued, it is unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of said permit without prior approval of the Planning Commission. A written record of such approval shall be entered upon the original permit application and maintained in the files of the Planning Commission. The application for a sign permit shall be made by the owner (or tenant with owner permission) of the property on which the sign is to be located, or his/her authorized agent, or a licensed sign contractor and shall be accompanied by the following plans and other information:
    1. The name, address and telephone number of the owner or persons entitled to possession of the sign or control of the same and of the sign contractor or erector;
    2. The location by street address of the proposed sign structure;
    3. A site plan and elevation drawings of the proposed sign, caption of the proposed sign and elevations of building facades if the application is for a wall sign. The site plan shall include the proposed location of the sign in relation to the face of the building or to the boundaries of the lot on which it is situated;
    4. Plans for freestanding signs requiring a building permit shall indicate the scope and structural detail of the work to be done, including details of all connections, guy lines, supports and footings, and materials to be used, stamped by a professional engineer licensed in the State of Utah; and
    5. Application for, and required information for such application, and electrical permit for all electric signs if the person building the sign is to make the electrical connection.
  5. EXEMPT SIGN CHANGES. The following changes do not require a sign permit:
    1. The changing of the advertising copy or message of signs specifically designed for the use of replaceable copy;
    2. Electrical maintenance, repainting, or cleaning maintenance of a sign;
    3. The repair of a sign;
    4. Real estate signs no larger than six square feet;
    5. Nameplate signs.
  6. TRAFFIC HAZARDS.  Signs or other advertising structures shall not be erected at the intersection of any streets or driveways in such manner as to obstruct free and clear vision; or at any location where by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal device, or make use of words, phrases, symbols or characters in such manner as to interfere with, mislead or confuse vehicle operators.
    1. At intersecting streets and within the clear view area, there shall be no signs allowed, unless a sign is less than three feet in height as measured from the average grade of the intersecting streets. 
    2. For signs over pedestrian ways, the clearance between the ground and the bottom of any projecting or ground sign shall not be less than eight feet.
    3. For signs over driveways for vehicular traffic, the minimum clearance shall be 14 feet.
    4. For signs more than three feet in height and having less than an eight-foot  clearance, the front setback shall be the same as for buildings in that zoning district. In no case shall the front setback be less than 18 inches from the front property line as measured from the leading edge of the sign.
  7. SIGNS OVER PUBLIC PROPERTY.  No sign shall be located on publicly owned land or inside street rights-of-way except signs required and erected by permission of an authorized public agency. This restriction shall include, but not be limited to, handbills, posters, advertisements or notices that are fastened, placed, posted, painted, or attached in any way upon any curbstone, lamp post, telephone pole, electric light or power pole, hydrant, bridge, tree, rock, sidewalk or street. No projecting sign attached to a building shall project over public property more than four feet and in no case be closer than four feet to curb line or edge of street, whichever is more restrictive. Ground signs must be setback at least 18 inches from any public right-of-way.

3.8 TELECOMMUNICATIONS

All telecommunications regulations apply to both commercial and private low power radio services and facilities, such as cellular or Personal Communications Systems (PCS) and paging systems.

  1. TELECOMMUNICATIONS SIGNS. Signs shall only be permitted if they are related to the health and safety of the general public. All proposed signs shall be submitted with the telecommunications facility application and are subject to review by the Planning Commission.
  2. REMOVAL.  The Fountain Green City designated official is empowered to require an unmaintained or abandoned low-power radio services antenna to be removed from the building or premise when that antenna has not been repaired or put into use by the owner, the person having control, or the person receiving the benefit of the structure within 30 calendar days after notice is given to the owner, the person having control, or the person receiving the benefit of the structure. 
  3. ABANDONMENT. The applicant, or applicant’s successor(s) and/or assign(s) shall be responsible for the removal of unused telecommunications facilities within 12 months of abandonment of use. If such tower is not removed by the property owner, then the City may employ all legal measures, including as necessary, obtaining authorization from a court of competent jurisdiction, to remove the tower, and after removal may place a lien on the subject property for all direct and indirect costs incurred in dismantling and disposing of the tower, including court costs and reasonable attorney fees.

3.9 NOTICE

The Fountain Green City shall provide notice of all public hearings that are required by this Chapter.  

  1. PUBLIC HEARING REQUIREMENTS. Reasonable notice of all public hearings and meetings shall contain a description of the property, with a brief explanation of the proposed use, and the date, place and time of the public hearing, which notice shall be:
    1. Posted in at least three public places in the City. In addition, proposed annexations, rezones, and major subdivision applications may be posted on the City website; and
    2. When required either published in or submitted to a newspaper of general circulation within the City at least ten days before the date of the hearing; and
  2. NOTICE TO AFFECTED ENTITIES.  When required by law, Fountain Green City shall provide notice by first class mail to Affected Entities as defined in section 3-20 Notice Matrix. 
  3. PURPOSE OF NOTICE.  The purpose of the notice is to reasonably inform surrounding property owners and jurisdictions of an application for zoning commercial or industrial development or a proposed modification to the General Plan.  No minor omission or defect in the notice or mailing shall be deemed to impair the validity of the proceedings to consider the zoning application. If at or prior to the public hearing an omission or defect in the mailed notice is brought to the attention of the Planning Commission, it shall determine whether the omission or defect impairs or has impaired a surrounding property owner’s ability to participate in the public hearing, upon which finding it shall continue the hearing on the application for zoning for at least 14 days.  Any omission or defect in the mailed notice that is not brought to the Planning Commission’s attention or that the commission finds did not impair a surrounding property owner’s ability to participate in the hearing shall not affect the validity of the zoning proceedings.
  4. EFFECT OF NOTICE. Proof that notice was given pursuant to subsection A above is prima facie evidence that notice was properly given. If notice given under authority of this section is not challenged as provided for under State law within 30 days from the date of the hearing for which the challenged notice was given, the notice shall be deemed to have been adequate and proper.

3.10 TERMINATION OF PROJECTS FOR INACTION

Applicants must move their projects either to approval or denial in a reasonably expeditious manner. Upon 14-day written notice to the applicant, the City may formally deny an application, which remains inactive for six months. Delays occasioned by the City shall not constitute cause for terminating an application. An applicant may appeal the denial of a project for inaction to the appeal authority in the same manner as any other appeal. The Planning Commission may reinstate subject to conditions, or may deny reinstatement. If reinstatement is denied, the application is formally denied. 

3.11 PENALTIES

Any person, firm, partnership, or corporation, and the principals or agents thereof violating or causing the violation of this Chapter, or a permit issued pursuant to this Chapter, shall be guilty of a Class “C” misdemeanor and punished upon conviction by a fine and/or imprisonment as provided for by Utah State law. 

  1. In addition, the City shall be entitled to bring a civil action to enjoin and/or abate the continuation of the violation. 
  2. Residents within the City or owners of property within the City may file a civil  action to enjoin the continuation of a violation of this code affecting their interests.

3.12 GENERAL ENFORCEMENT AUTHORITY

Whenever Fountain Green City finds that a violation of this code or applicable State codes has occurred or continues to exist, the procedure outlined below shall be followed. Fountain Green City has the authority and power necessary to gain compliance with the provisions of the violated ordinance or statute. These powers include the power to issue notices of violation, to issue misdemeanor citations, to abate violations existing on public or private property, and to use any other remedies available under the City ordinances and applicable State codes.

3.13 NOTICE OF VIOLATION

Whenever Fountain Green City determines that a violation of the ordinances or statutes addressed by this chapter has occurred or continues to exist, it shall serve a Notice of Violation upon the alleged violator by one of the methods described in Section 3-14 below. Said notice shall include the following information:

  1. The name of the property owner;
  2. The street address, date and approximate time at which the violations were observed;
  3. Number and title of all Ordinance sections violated, and a description of the condition of the property that violates the stated sections;
  4. The violator’s attendance is required at the next regularly scheduled Planning Commission meeting to address each violation and possible remediation;
  5. An explanation of the consequences should the responsible person(s) fail to comply with the terms and deadlines stated in the Notice of Violation, which may include, but are not limited to, civil penalties (fines), revocation of permits, withholding of future municipal permits, abatement of the violation, costs, administrative fees, and any other legal remedies; and
  6. The signature of the mayor or desiganted official.

More than one notice of violation may be issued against the same responsible person(s), if the notices encompass different dates or different violations.

At the Planning Commission meeting, remedial measures will be discussed as well as consequences for failure to comply.  

3.14 SERVICE OF NOTICES

Whenever a notice is required to be given under the provisions of this Chapter the notice shall be served by at least one of the following methods. 

  1. Service directly to the owner(s) or responsible person(s); or if not practical,
  2. Service by first class mail, postage prepaid, to the last known address of the owner(s) or responsible person(s); or if not practical,
  3. Service by posting the notice conspicuously on, or in front of the property, and in two other public places. The form of posted notice shall be as described in Section 3-13 above.

The failure of the owner(s) or responsible person(s) to actually receive any notice served in accordance with this Chapter shall not affect the validity of any proceedings taken under this Chapter.

3.15 REMEDIATION PROCESS

Upon service of a Notice of Violation, the responsible person(s) may choose one, and only one, of the following courses of action within a 14-day grace period:

  1. Correct the violation as determined upon inspection by the Fountain Green City designated official, and all applicable fines and citations shall be dismissed;
  2. Submit a written request for a hearing before the Appeal Authority to contest the violation;
  3. Submit a written request to the Planning Commission for an extension of up to 14 additional days for correcting the violation; or
  4. Fail to correct the violation, to request a hearing, or to request an extension. This option shall result in daily accrual of fines, beginning at five o’clock p.m. of the fourteenth day. The right to a hearing or extension is forfeited immediately upon expiration of the 14-day grace period.

3.16 FINE RECOVERY PROCESS

Correction of a violation shall not excuse the responsible person(s) from payment of any fines already accrued. The Fountain Green City Recorder shall give the City Council written notification of any fines which have not been paid within 14 days of the first day fines were assessed. The Fountain Green City Council may act to pursue recovery by any legal means, including but not limited to:

  1. Establishing a tax lien against real property owned by the responsible person(s); or
  2. Obtaining a writ of execution on personal property owned by the responsible person(s); or
  3. Obtaining a writ of garnishment on the paychecks, financial accounts and other income or financial assets of the responsible person(s).

3.17 LICENSING

Licenses or permits issued in violation of this Chapter, or based on fraudulent information, are null and void.

3.18 APPEALS AND RECONSIDERATION PROCESS

The applicant, staff, or any other person with standing to challenge a decision administering or interpreting this Chapter may appeal the decision as follows:

  1. ZONING CODE INTERPRETATION AND ADMINISTRATION.  All Fountain Green City decisions which interpret or administer this Chapter, may be appealed to the Board of Adjustment within 30 days of final action. 
  2. BOARD OF ADJUSTMENT. Appeal of decisions by the Board of Adjustment must be filed within 30 days of the final Board decision.
  3. STANDING TO APPEAL. The following persons have standing to appeal a final action: 
    1. Any person who submitted written comment or testified on a proposal before the Planning Commission; 
    2. The owner of any property within 300 feet of the boundary of the subject site; 
    3. Any City official, Board or Commission having jurisdiction over the matter; and 
    4. The owner of the subject property.
  4. FORM OF APPEALS. Appeals must be filed with the City Recorder and must be by letter or petition, with the name, address, and telephone number of the petitioner; his or her relationship to the project or subject property; and a comprehensive statement of the reasons for the appeal, including the specific provisions of law that are alleged to be violated by the action taken.
  5. WRITTEN FINDINGS REQUIRED. The Board of Adjustment shall prepare detailed written findings of fact, which explain the circumstances of the Board’s decision and conclusions of law in support of its decision.
  6. ACTION ON APPEALS TO A CITY BODY. The City shall comply with the following standards for all appeals under this Chapter:
    1. The City, in consultation with the appellant, shall set a date for the appeal; 
    2. The City shall notify the property owner of the appeal date; 
    3. The Board of Adjustment hearing the appeal shall consider the written appeal, final action and all other pertinent information from the appellant and the City.
    4. The Board of Adjustment hearing the appeal may affirm, reverse, or affirm in part and reverse in part any properly appealed decision or may remand the matter with directions for specific areas of review or clarification. Appellate review is limited to consideration of only those matters raised in the written appeal and the staff’s responses thereto; and 
    5. The Board of Adjustment shall prepare written findings for review and approval within 30 working days of the appellate decision. 
  7. NOTICE. Notice of all appeals shall be given by: 
    1. By mailing courtesy notice ten days prior to the hearing to the applicant and all parties who requested mailed courtesy notice for the original action.
  8. STAY OF APPROVAL PENDING REVIEW OF APPEAL. Upon call-up, or appeal, any approval granted by the Planning Commission will be suspended until the reviewing body has taken final action on the appeal. 
  9. APPEAL FROM THE BOARD OF ADJUSTMENT OR CITY COUNCIL. The applicant or any person aggrieved by City action on the project may appeal from the final action of the Board of Adjustment or City Council to a court of competent jurisdiction within 30 days of that final action. The decision shall stand, and those affected by the decision may act in reliance on it unless and until a court enters an interlocutory or final order modifying or suspending the decision.
  10. FINALITY OF ACTION. Final action occurs when the deciding body has adopted and executed written findings of fact and conclusions of law on the matter in question.

3.19 CONSTITUTIONAL TAKINGS REVIEW AND APPEAL

To promote the protection of private property rights and to prevent the physical taking or exaction of private property without just compensation, the City Council and all Commissions and Boards shall adhere to the following before authorizing the seizure or exaction of property:

  1. TAKINGS REVIEW PROCEDURE. Prior to any proposed action to exact or seize property, the City Attorney shall review the proposed action to determine if a constitutional taking requiring “just compensation” would occur. The City Attorney shall review all such matters pursuant to the guidelines established in subsection B below. Upon identifying a possible constitutional taking, the City Attorney shall, in a confidential, protected writing, inform the Council, commission or board of the possible consequences of its action. This opinion shall be advisory only. No liability shall be attributed to the City for failure to follow the recommendation of the City Attorney.
  2. TAKINGS GUIDELINES. The City Attorney shall review whether the action constitutes a constitutional taking under the Fifth or Fourteenth Amendments to the Constitution of the United States, or under Article I, Section 22 of the Utah Constitution. The City Attorney shall determine whether the proposed action bears an essential nexus to a legitimate governmental interest and whether the action is roughly proportionate and reasonably related to the legitimate governmental interest. The City Attorney shall also determine whether the action deprives the private property owner of all reasonable use of the property. These guidelines are advisory only and shall not expand nor limit the scope of the City’s liability for a constitutional taking.
  3. APPEAL. Any owner of private property who believes that his/her property is proposed to be “taken” by an otherwise final action of the City may appeal the City’s decision to the Takings Appeal Board within 30 days after the decision is made. The appeal must be filed in writing with the City Recorder. The Takings Appeal Board shall hear and approve and remand or reject the Appeal within 14 calendar days after the appeal is filed. The Takings Appeal Board, with advice from the City Attorney, shall review the appeal pursuant to the guidelines in subsection B herein. The decision of the Takings Appeal Board shall be in writing and a copy given to the appellant and to the City Council, Commission or Board that took the initial action. The Takings Appeal Board’s rejection of an Appeal constitutes exhaustion of administrative remedies rendering the matter suitable for appeal to a court of competent jurisdiction.
  4. TAKINGS APPEAL BOARD. There is hereby created a three-member Takings Appeal Board. The Mayor shall appoint three current members of the Board of Adjustment to serve on the Takings Appeal Board. If, at any time, three members of the Board of Adjustment cannot meet to satisfy the time requirements stated in subsection C above, the Mayor shall appoint a member or sufficient members to fill the vacancies.

3.20 NOTICE MATRIX

Table 3.20   NOTICE MATRIX

Land Use Decision Time Notice Type
Preparation, Adoption or Amendments of General Plan A.  Upon inception of the initial process to generally plan or the process for any comprehensive Plan amendment A.  For all municipalities:
1. Notice mailed or emailed to:  Affected Entities
For municipalities within a 1st or 2nd class county
1. LOCAL AOG
2. State Planning Coordinator (GOPB Office)
3. Automated Geographic Reference Center (AGRC)
  B.  10 days prior to first public hearing B.  Published in paper and posted in 3 public places or on website
  C.  24 hours notice of each public meeting C.  Posted in 3 public places or on website
Adoption or Amendments of Land Use Ordinance A.  10 days prior to first public hearing A.  Published in paper and posted in 3 public places or on website, and mailed at least 10 days before the public hearing to each property owner whose land is directly affected by the land use ordinance change and each adjacent property owner within the parameters specified by municipal ordinance. 
B.  24 hours notice of each public meeting B.  Posted in 3 public places or on website.
Annexation Policy Plan A.  14 days prior to first public meeting  A.  Notice mailed or emailed to: Affected Entities.
B.  14 days prior to first public hearing B.  Notice mailed or emailed to:Affected EntitiesPublished in paperPosted in 3 public places or on website
C. 30 days after adoption C.  Copy to County
Appeal of Permit Decision 30 days Notice must be given to applicant. Ten-day minimum if local ordinance does not supercede.
Acquisition /Disposition of Public Property 14 days prior to first public hearing Notice mailed or emailed to
1. Affected Entities
2. Published in paper
3. Posted in 3 public places or on website.
Conditional Use Permit See Land Use Application
Land Use Application Notify the applicant of the date, time, and place of each public hearing and public meeting and of any final action on a pending application.
Nonconforming Uses/Non-complying Structures See Land Use Application
Subdivision Plat Approval or Amendment and for approval of a multiple-unit residential or commercial or industrial development. 10 days prior to public hearing Notice mailed or emailed to: Affected Entities.  If multi-unit residential, commercial or industrial subdivision(a) to the record owner of each parcel within specified parameters of that property; or (b) posted, on the property to give notice to passers-by.
Vacating or Changing a Subdivaision Plat  All notices required for subdivision approval, plus 4 consecutive weeks prior to public hearing. Published in local newspaper once a week for 4 consecutive weeks; if no paper posted in 3 public places for 3 weeks.
Vacating or Altering a Road or Alley All notices required for subdivision approval, plus, 4 consecutive weeks prior to public hearing. Published in local newspaper once a week for 4 consecutive weeks; if no paper posted in 3 public places for 3 weeks.
Variances See Land Use Application

Notice:

  1. Fountain Green City may require more than the minimum notice.  Challenge to proper notice must be taken within 30 days of the meeting or action, otherwise notice is considered adequate and proper. 
  2. At the City’s option notice required hereunder may also be posted on the City’s website.
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Final copy approved by Fountain Green City Council February 18, 2008.  Minor changes April 19, 2012.  Notice Matrix amended October 18, 2012.