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Francis City Zoning Code

Division V

ADMINISTRATION

§ 18.130.010 Duties and responsibilities.

The Francis Planning Commission, hereinafter referred to as Planning Commission, Commission, or administrative body, organized in accordance to Section 10-9a-301, Utah Code Annotated, as amended, shall have the following duties and responsibilities:
1. 
To prepare a general plan, any maps required by the plan, and amendments to the general plan and recommend the plan or amendments to the plan to the City Council.
2. 
To prepare FCC Title 17 and this title including zoning and subdivision regulations, any maps required by this title and FCC Title 17, and amendments to FCC Title 17 and this title and recommend this title and FCC Title 17 or amendments to this title and FCC Title 17 to the City Council.
3. 
Administer provisions of FCC Title 17 and this title as provided in FCC Title 17 and this title and approved by the City Council.
4. 
Recommend approval or denial of subdivision and commercial applications in accordance to FCC Title 17 and this title.
5. 
Advise the City Council on matters as the Council directs, and hear or decide any matters that the Council designates, including recommendations for approval or denial of conditional use permits.
6. 
Exercise any other powers found in the adopted bylaws of the Planning Commission after approval by the City Council, or powers that are necessary to enable the Commission to perform its function or those designated to the Commission by the Council.
7. 
To enter upon any land, under consideration for approval or which has been given a conditional use permit, at reasonable times, to make examinations and surveys.
(Ord. 66 § 4.2.3, 1993; Ord. 1999-1 § 4.2.3, 1999; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)

§ 18.130.020 Adoption of bylaws.

The Planning Commission shall adopt bylaws which establish procedures for 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 and Public Meetings Act. Notice will be provided for as per FCC § 18.05.060, and an annual meeting schedule will be posted in accordance with the Utah Open and Public Meetings Act, as amended (see Section 52-4-101 et seq., Utah Code Annotated 1953).
The bylaws will also address the procedures for the keeping of records and minutes of meetings which will be made available, upon request, to the public. Additionally, the bylaws will provide guidelines for findings of decisions and recommendations, requirements for a quorum, and voting procedures.
(Ord. 66 § 4.2.6, 1993; Ord. 2016-09 § 1, 2016; Ord. 2021-15 § 1 (Exh. A), 2021; Ord. 2025-03, 8/14/2025)

§ 18.130.030 Planning Commission project review.

The Planning Commission will review each land use proposal for compliance with all requirements and regulations of FCC Title 17 and this title including, but not limited to, the following:
1. 
City Comprehensive Planning and Zoning Review. The Planning Commission shall have the primary responsibility to initiate long-range planning for the City, including adequate streets, parks, trails, and recreation facilities, long-range zoning objectives, and periodic review of existing plans to keep them current. The Commission shall review proposed annexations to the City and recommend action and zoning on land to be annexed. The Commission shall initiate, hear or recommend zone changes and review development standards within zones.
2. 
Recommendation of Subdivision Approval. The Planning Commission shall review all proposals for subdivisions and commercial projects for compliance with the provisions of all applicable regulations and FCC Title 17 and Division II of this title.
Following such review the Commission will forward a recommendation for approval or denial of all applications.
(Ord. 66 § 4.2.7, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)

§ 18.130.040 Plat approval.

The Commission Chair shall review all plats to be recorded affecting land within the City limits or annexations to the City. The scope of review on plat approval is limited to finding substantial compliance with this title and FCC Title 17, and that all previously imposed conditions of approval, whether imposed by the City staff or the Commission, have been satisfied. Upon finding that the plat is in compliance with all applicable federal and state laws and this title and FCC Title 17, and that conditions of approval have been satisfied, the plat must be signed by the Commission Chair. The City Engineer, City Attorney, City Recorder, City Council, and Mayor shall all review the plat as required by statute before recording. Plats may be approved on the consent agenda.
(Ord. 66 § 4.2.10, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)

§ 18.130.050 Sensitive lands review.

Any project containing designated sensitive lands may be subject to additional requirements and regulations as outlined in the sensitive lands regulations contained in Chapter 18.120 FCC.
(Ord. 66 § 4.2.11, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)

§ 18.130.060 Right to farm review.

Any project falling within the purview or scope of Chapter 18.110 FCC may be subject to additional requirements and regulations as outlined in the right to farm provisions.
(Ord. 66 § 4.2.12, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)

§ 18.140.010 Amendments to this title and FCC Title 17 and zoning map.

It may become desirable from time to time to amend the provisions of this title and FCC Title 17 or the zoning map. This title and FCC Title 17 should be constantly reviewed and improved upon to stay viable and useful to the City. Any amendment to this title and FCC Title 17 or the zoning map should be consistent with the direction of general plan and shall comply with state law. All amendments will be completed in the following manner:
1. 
Amendments. Amendments to the provisions of this title and FCC Title 17 may be initiated by the Planning Commission, City Council, an applicant for development approval, or member of the general public. Amendments may be initiated by, but are not necessarily limited to, the following reasons:
a. 
Allowing a use previously prohibited.
b. 
Prohibiting a use previously allowed.
c. 
Increasing or decreasing the density of the uses previously allowed.
d. 
Changing a permitted use to a conditional use.
e. 
Changing a conditional use to a permitted use.
f. 
Changing the zone of any property.
g. 
Procedural or regulatory changes, both minor and/or major.
h. 
Zone map amendments or modifications.
i. 
Repealing of any regulation or procedure.
j. 
Adding of any regulation or procedure.
k. 
Any other miscellaneous changes that may become necessary.
It should be noted that many amendments to the zoning map and development code may require an amendment to the general plan as well. If a petition would require changes to the general plan it should be so noted on the petition and the changes should be made concurrently.
(Ord. 66 § 1.5, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)

§ 18.140.020 Petition for zone change or code amendment.

A petition to change the zoning of any land within Francis or to amend this code other than changing the zoning map shall be filed first with the Planning Department in a letter or on a form prescribed for that purpose. The form or letter shall contain a legal description of the land affected by the petition, and a statement of the petitioner's interest in the land included within the petition. The petition shall indicate the current zone of the property and the zone desired or the proposed code amendment. The petition shall also indicate the reasoning for the change as well as the proposed use of the property. A fee will be established for acting on a petition for a zone change or code amendment as described in the current City fee resolution in effect at the time. The petition must also include all of the names and mailing addresses of property owners within a 600-foot radius of the property boundary under petition. The City, at the applicant's expense, shall notify each of the property owners on the petition.
(Ord. 66 § 1.5.3, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)

§ 18.140.040 Hearings before the Planning Commission.

The Planning Commission shall hold a public hearing on all petitions for zone change and code amendments and receive comments from citizens or property owners affected by the change. Notice of all zone change and code amendment hearings before the Planning Commission shall be given as set forth in FCC § 18.05.060. The notice shall state generally the nature of the proposed amendment as outlined in FCC § 18.140.010(1), the land affected, and the time, place, and date of the public hearing.
(Ord. 66 § 1.5.4, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)

§ 18.140.050 Action by Planning Commission.

Following the hearing, the Planning Commission shall prepare a formal recommendation to be presented to the City Council regarding the petition. The recommendation shall be to approve, deny, or modify and approve the petition.
(Ord. 66 § 1.5.5, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)

§ 18.140.060 Hearing before City Council.

The City Council shall hold a public hearing on the recommendation of the Planning Commission for all petitions for zone change and code amendments. Following the hearing, the Council shall approve, deny, or modify and approve the recommendation of the Planning Commission. The hearing may be continued, if necessary, without republication of notice. The recommendations of the Planning Commission are advisory only, and the Council may or may not adopt the recommendations of the Commission. Where the Council determines that a Planning Commission recommendation should be modified on issues not considered at a public hearing before the Commission, the Council may remand the recommendation back to the Commission for further review prior to taking final action. Council action on amendments to the zoning map or this title and FCC Title 17 require the affirmative vote of three or more City Council members. The Council may act on the petition at the time of the hearing or at subsequently scheduled meetings.
(Ord. 66 § 1.5.6, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)

§ 18.145.010 Penalties.

Any person, firm, partnership, or corporation, or the principals or agents thereof, violating or causing the violation of any provision of this title and FCC Title 17, as the same may be amended from time to time, shall be subject to the following penalties.
(Ord. 66 § 1.8, 1993; Ord. 2001-03 § 1, 2001; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)

§ 18.145.020 Criminal penalties.

Each violation of any provision of this title and FCC Title 17 shall be a class C misdemeanor, punishable by a fine of not more than $750.00 and/or imprisonment for a term not exceeding 90 days. Each day such violation is committed or permitted to continue shall constitute a new and separate violation, and shall be punishable as such.
(Ord. 66 § 1.8.1, 1993; Ord. 2001-03 § 1, 2001; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)

§ 18.145.030 Civil penalties.

In lieu of pursuing criminal remedies with respect to any violation of any provision of this title and FCC Title 17, Francis City may elect, in its sole discretion based upon the particular facts and circumstances of each case, to pursue the following civil remedies regarding such violation. The following civil remedies may not be pursued for a violation that occurs in conjunction with a criminal violation as part of a single criminal episode that will be prosecuted in a criminal proceeding, but the following civil remedies may be pursued if no criminal proceedings will occur with respect to the violation.
1. 
Notice to Comply. Francis City shall issue a written notice to comply regarding each such violation to the offending party, which written notice shall identify the offending party, identify the violation, set forth the time period afforded to the offending party to come into compliance with this title and FCC Title 17 and thereby avoid further enforcement proceedings. The notice shall further set forth the date, time and location of an administrative hearing to be held regarding the same in the event that the offending party does not comply within the prescribed time period and instead submits to the City, prior to the expiration of the prescribed time period for coming into compliance, a written request for administrative hearing. For the first time offense, the applicable compliance period shall be 30 calendar days from the date of the written notice to comply, unless said violation is a matter of urgent public health, safety and welfare; in such event the compliance period shall be 10 calendar days. If the offending party is unable to correct the offense within the allowed compliance period, the party may request an extension. The extension must be in writing and must be signed by all property owners, tenants, and parties. The request for extension shall contain the requested extension date, factual evidence as to why the extension is justified, and a commitment to correct the violation within the extension period. The extension may be granted by the zoning enforcement officer at his or her discretion. Written approval or denial of the extension will be given to the offending party. In the event that the zoning enforcement officer does not grant the extension, his or her decision may be appealed to the administrative hearing officer.
In the event that a second notice to comply is issued to the same party with respect to a particular violation (or similar) within any rolling 12-month period, the applicable compliance period shall be 15 calendar days from the date of the written notice to comply. In the event that a third notice to comply is issued to the same party with respect to a particular violation within any rolling 12-month period, the applicable compliance period shall be the next calendar day after the date of the written notice to comply.
2. 
Amount of Civil Penalty. If a violation is not completely cured within the time period set forth in the written notice to comply, then such violation of any provision of this title and FCC Title 17 shall be subject to a civil penalty in the amount of $100.00 per day, which fine shall be imposed beginning on the first calendar day after the applicable compliance period has expired and ending on the date that the violation is completely cured and the offending party is in full compliance with this title and FCC Title 17 with respect thereto.
3. 
Administrative Hearing. The administrative hearing shall be a public meeting during regularly scheduled hours, conducted by an administrative law judge appointed by the City Council (which administrative law judge may be an employee of Francis City). If a written request for administrative hearing has been timely submitted to the City, the offending party shall be given an opportunity to be heard at the administrative hearing, and shall otherwise be afforded due process. The administrative hearing shall be recorded or otherwise documented so that a true and correct transcript may be made of its proceedings. The administrative law judge shall make a final administrative determination with respect to the citation, which determination may be that there was no violation, or that a violation occurred and must be abated, and the amount of the appropriate civil penalty within the parameters set forth herein.
4. 
Appeal. Any person adversely affected by any such administrative proceeding and order may petition a district court for review of the determination. In the petition, the petitioner may only allege that the administrative order was arbitrary, capricious or illegal. The petition is barred unless it is filed within 30 calendar days after the administrative order is final. No evidence may be submitted to the district court as part of such petition that is not included in the administrative record of the proceedings unless the evidence was offered to the administrative law judge as part of the administrative hearing and the district court determines that the evidence was improperly excluded by the administrative law judge.
5. 
Collection. In the event that Francis City is required to take formal legal action to collect any civil penalty imposed pursuant to this section, the person responsible therefor shall also be responsible for paying any costs of collection incurred by Francis City, including, but not limited to, reasonable attorney's fees, which costs of collection may exceed the amount of the civil penalty itself.
(Ord. 66 § 1.8.2, 1993; Ord. 2001-03 § 1, 2001; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)

§ 18.145.040 Third-party enforcement.

Each and every continuing violation of any provision of this title and FCC Title 17 is declared to constitute a nuisance. Private citizens of and/or property owners in Francis City shall also have the right to commence and pursue formal civil legal proceedings with respect to any ongoing violations affecting their interests pursuant to Utah law.
(Ord. 2001-03 § 1, 2001; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)

§ 18.145.050 Penalties and enforcement.

The provisions of this title and FCC Title 17 may be enforced by either civil or criminal actions in courts of appropriate and competent jurisdiction. Suit may be brought by the City, or by affected property owners, pursuant to governing Utah law.
(Ord. 66 § 4.6, 1993; Ord. 2016-09 § 1, 2016; Ord. 2025-03, 8/14/2025)