Chapter 4 – Planning Commission

4.1 ESTABLISHMENT OF THE PLANNING COMMISSION
4.2 APPOINTMENT—TERM
4.3 POWERS AND DUTIES
4.4 ORGANIZATION
4.5 CONFORMANCE WITH GENERAL PLAN

4.1 ESTABLISHMENT OF THE PLANNING COMMISSION

There is created a Planning Commission to be composed of seven voting and two alternate members. Members of the Planning Commission shall be appointed by the Mayor with the advice and consent of the City Council. The ex-officio member of the Planning Commission shall be appointed from among members of the City Council by the Mayor with the advice and consent of the City Council. The ex-officio member of the Planning Commission shall not be a voting member of the Planning Commission.  When alternate members are utilized in order to form a quorum, they are voting members.

The Planning Commission shall consist of seven residents of Fountain Green City. At least four of these seven members shall hold no other public office or position within the City. Members shall be selected without respect to political affiliations. 

The members of the Planning Commission shall serve without compensation, but the City Council shall provide for the reimbursement of the members of the Planning Commission for reasonable expenses incurred in performing their duties as members of the Planning Commission.  A secretary for the Planning Commission may be appointed by the Mayor with the advice and consent of the City Council.  Pay is on an hourly basis to carry out duties as assigned by the Planning Commission.

4.2 APPOINTMENT—TERM

The term of office of the members of the Planning Commission, with the exception of the ex-officio member, shall be five years, at which time their term will be reviewed and may be renewed if the member is willing to continue, or their replacement appointed, by the Mayor with the advice and consent of the City Council.  Appointments shall be made at the beginning of the calendar year.  A Planning Commission member may resign at any time.

Vacancies in the Planning Commission occurring for any reason other than the expiration of a term of office shall be filled through appointment by the Mayor with the advice and consent of the City Council. Members appointed to fill such vacancies shall serve for the remainder of the unexpired term. The ex-officio member shall serve at the pleasure of the City Council, or until his or her term as a councilperson has expired, at which time a successor shall be appointed from among the members of the City Council by the Mayor, with the advice and consent of the City Council.  Any member may be re-appointed for an additional term. 

There is no limit to the number of terms a member may serve. Upon a majority vote in a public meeting, the City Council may remove from office any member of the Planning Commission for misconduct or non-performance of duty.  In September of each year the Mayor and City Council will review any upcoming vacancies in the Planning Commission and/or issues of misconduct or non-performance; and to extend current appointments or appoint new members as needed.  Issues of misconduct will be verified and dealt with in a timely manner by the City Council and Mayor.  Unexcused absence from three regular meetings of the Planning Commission in one calendar year shall constitute non-performance of duty.

The Planning Commission shall elect from among its members a Chairperson, whose term shall be one year. Any member may be re-elected for an additional term as Chairperson. There is no limit to the number of terms a member may serve as Chairperson. If for any reason, the position of Chairperson is vacated before the elected member’s term has expired, the Planning Commission shall elect from among its members a successor, who shall serve for the remainder of the unexpired term.

4.3 POWERS AND DUTIES

The Planning Commission shall:

  1. Prepare and recommend a general plan and amendments to the general plan to the City Council;
  2. Prepare and recommend to the City Council, zoning ordinances and maps, and amendments to zoning ordinances and maps, which conform to the provisions of the general plan adopted by the City Council;
  3. Administer provisions of the zoning ordinance, where specifically provided for in the zoning ordinance adopted by the City Council;
  4. Recommend approval or denial of building permits;
  5. Prepare and recommend to the City Council, subdivision regulations and amendments to those regulations, which conform to the provisions of the general plan adopted by the City Council;
  6. Recommend approval or denial of subdivision applications;
  7. Advise the City Council on matters as the City Council directs and hears, or decides any matters that the City Council designates and as otherwise authorized by state law;
  8. Assist the City Council with the creation of an Appeal Authority for the Fountain Green City; 
  9. Review non-conforming uses or non-complying structures applications;
  10. Conduct such public hearings as are required by law or as may be deemed necessary by the Planning Commission. 
  11. The Planning Commission has the power and authority to employ experts and a staff, and to pay such expenses as may be reasonable and necessary for carrying out the duties of the Planning Commission, but not in excess of such sums as may be appropriated by the City Council and/or which may be placed at the disposal of the Planning Commission by gift or otherwise.
  12. The Planning Commission or its authorized agents may enter upon any land, public or private, at reasonable times to make examinations or surveys.
  13. Hear and decide any matters that the City Council designates, including the approval or denial of conditional use permits and review of non conforming uses and structures; and building plans; and 
  14. Exercises other powers that are necessary to enable it to perform its function, or that are delegated to it by the City Council.

4.4 ORGANIZATION

The Planning Commission may adopt such rules that it deems necessary for the conduct of its proceedings. The Planning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the recorder/clerk, which shall be the office of the Planning Commission, and shall be a public record.

  1. MEETINGS.  The Planning Commission shall meet monthly and at such times as the Planning Commission may determine necessary.  Meetings shall be held at the Fountain Green City offices or at such other reasonable location(s) within Fountain Green City as the Planning Commission may adjourn from time to time.  Meetings shall be held in accordance with the provisions of Section 52-4-1 UCA (1953 edition), as amended (UCA), entitled “Open and public meetings”, or any successor statute enacted in its place.  
  2. QUORUM.  Four members of the Planning Commission shall constitute a quorum.  An alternate member may be counted as part of the membership for a quorum.  A majority of the members present at a meeting at which a quorum is present shall be required for any action.  No less than three yes votes are required for passage of any action.

4.5 CONFORMANCE WITH GENERAL PLAN

Upon adoption of the general plan by the City Council, thereafter, no street, park or other public way, ground, place or space; no public building or structure; and no public utility, whether publicly or privately owned, shall be constructed or authorized until and unless the location and extent thereof shall conform to the general plan, and shall have been submitted to and approved by the Planning Commission. Intent to demolish business &/or residential structures (not including auxiliary buildings) must be submitted to and approved by the Planning Commission.  All necessary State permits must be presented to the Planning Commission for review.  In the case of disapproval, the Planning Commission shall communicate its reasons to the City Council, which may, by a vote of not less than a majority of its entire membership, overrule such disapproval.

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Final copy approved by Fountain Green City Council February 18, 2008.  Revised June 17, 2021.