1. By separate resolution a General Plan will be established for Richmond City.
   
   1. By definition “general plan” means a document that a municipality adopts that set forth general guidelines for proposed future development of the land within the municipality.
      
2. The General Plan is to be used as a guideline and does not require mandatory adherence to the provisions contained therein.
   
   1. The Planning and Zoning Commission and the Richmond City Council are encouraged to utilize the General Plan for direction but are also authorized to make recommendations that are harmonious to the general well-being and proper management of Richmond City.
      
3. A General Plan established for Richmond City shall be reviewed periodically to ensure current applicability to existing conditions.
   
   1. It is recommended that such a review take place every five years or following any major acquisition of lands through annexation or change in actual or potential resources, whichever comes first.
      
4. The content of the General Plan shall include, but is not limited to, the following:
   
   1. Present and future needs of the City.
      
   2. Growth and development of all or any part of the land within the City.
      
   3. The health, general welfare, safety, energy conservation, transportation, prosperity, civic activities, aesthetics, and recreational, education, and cultural opportunities for the City and its citizens.
      
   4. Reduction of waste of physical, financial, or human resources that result from either excessive congestion or excessive scattering of population.
      
   5. Efficient and economical use, conservation, and production of the supply of:
      
      1. Food and water.
         
      2. Drainage, sanitary, and other facilities and resources.
         
   6. Use of energy conservation and solar and renewable energy resources.
      
   7. Protection of urban development.
      
   8. Protection or promotion of moderate income housing.
      
   9. Historic preservation.
      
   10. Identifying future uses of land that are likely to require an expansion or significant modification of services or facilities provided by each affected entity.
       
   11. An official map.
       
5. Due to the provisions of 3.a. above, the Richmond City General Plan shall not include any type of pre-planning for lands currently outside of the Richmond City limits although so allowed by Utah Code Annotated Title 10, Chapter 9a, Section 403.(1) (c).
   
   1. It is hereby deemed that a wiser course will be to review the current General Plan upon the application and acceptance of actual lands annexed into Richmond City due to the over-run between municipalities as allowed by Utah Code Annotated Title 10, Chapter 2, Section 401.5.
      
6. At a minimum, a General Plan proposed by the Planning Commission, with the accompanying maps, charts, and descriptive and explanatory matter, shall include the following:
   
   1. Designation of the long-term goals and the proposed extent, general distribution, and location of land for housing, business, industry, agriculture, recreation, education, public buildings and grounds, open space, and other categories of public and private uses of land as appropriate.
      
   2. May include a statement of the projections for and standards of population density and building intensity recommended for various land use categories covered by the plan.
      
   3. A transportation and traffic circulation element consisting of the general location and extent of existing and proposed highways, arterial and collector streets, mass transit, and any other modes of transportation that the Commission considers appropriate, all correlated with the population projections and the proposed land use element of the General Plan.
      
   4. An estimate of the need for the development of additional moderate income housing within the City, and a plan to provide a realistic opportunity to meet estimated needs for additional moderate income housing if long-term projections for land use and development occur.
      
      1. In drafting the moderate income housing element, the Commission shall:
         
         1. Consider the State of Utah Legislature’s determination that cities shall facilitate a reasonable opportunity for a variety of housing, including moderate income housing to meet the needs of people desiring to live there and to allow persons with moderate incomes to benefit from and fully participate in all aspects of neighborhood and community life.
            
         2. May include an analysis of why the recommended means, techniques, or combination of means and techniques provide a realistic opportunity for the development of moderate income housing within the planning horizon, which means or techniques may include a recommendation to:
            
            1. Rezone for densities necessary to assure the production of moderate income housing.
               
            2. Facilitate the rehabilitation or expansion of infrastructure that will encourage the construction of moderate income housing.
               
            3. Encourage the rehabilitation of existing uninhabitable housing stock into moderate income housing.
               
            4. Consider general fund subsidies to waive construction related fees that are otherwise generally imposed by the City.
               
            5. Consider utilization of State or Federal funds or tax incentives to promote the construction of moderate income housing.
               
            6. Consider utilization of programs offered by the Utah Housing Corporation within that agency’s funding capacity.
               
            7. Consider utilization of affordable housing programs administered by the Department of Community and Culture.
               
   5. In drafting the land use element, the Commission shall identify and consider each agriculture protection area within the municipality and avoid proposing a use of land within an agriculture protection area that is inconsistent with or detrimental to the use of the land for agriculture.
      
   6. The proposed General Plan may include an environmental element that addresses:
      
      1. The protection, conservation, development, and use of natural resources, including the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources.
         
         1. The consideration of the “dark skies” concept is strongly encouraged when determining artificial lighting type and placement.
            
      2. The reclamation of land, flood control, prevention and control of the pollution of steams and other waters, regulation of the use of land on hillsides, stream channels and other environmentally sensitive areas, the prevention, control, and correction of the erosion of soils, protection of watersheds and wetlands, and the mapping of known geological hazards.
         
   7. The proposed General Plan will contain a public services and facilities element showing general plans for sewage, water, waste disposal, drainage, public utilities, right-of way, easements, and facilities for them, police and fire protection, emergency medical services, and other public services.
      
   8. The proposed General Plan may contain a rehabilitation, redevelopment, and conservation element consisting of plans and program for:
      
      1. Historic preservation.
         
      2. Diminution or elimination of blight.
         
      3. Redevelopment of land, including housing sites, business and industrial sites, and public building sites
         
   9. The proposed General Plan may include an economic element composed of appropriate studies and forecasts, as well as an economic development plan, which may include review of existing and projected municipal revenue and expenditure, revenue sources, identification of basic and secondary industry, primary and secondary market areas, employment, and retail sales activity.
      
   10. Recommendations for implementing all of any portion of the General Plan, including the use of land use ordinances, capital improvement plans, community development and promotion, and any other appropriate action is a desirable portion of the proposed General Plan.
       
7. Richmond City is exempt from the notification requirement contained in Utah Code Annotated Title 10, Chapter 9a, Section 203 relative to preliminary notification of the creation of a General Plan as Cache County is not a County of the First or Second Class.
   
8. The development or modification of the Richmond City General Plan will require appropriate notification and public hearing(s) as outlined in 12-505 following.

1. By separate ordinance Richmond City will set forth a uniform annexation plan in accordance with the provisions of Utah Code Annotated Title 10, Chapter 2, Sections 402 through 408 inclusive.
   
2. Land annexed into Richmond City shall automatically be zoned as one residence per ten (10) acres of land (A-10).
   
   

1. The ordinance codified in this title, including the maps, may be amended from time to time by the Richmond City council.
2. All proposed amendments shall be first submitted to the planning commission for its recommendation.
3. The planning commission shall hold a public hearing after providing notice in conformance with section 10-9a-205, Utah Code Annotated or as said section may be amended.
4. The planning commission's recommendation shall be placed on the next available agenda of the legislative body.
5. The Richmond City council will review and consider the recommendation of the planning commission and vote to approve or deny the rezone request at a regular council meeting.

1. Richmond City will establish and maintain an official map.
   
2. The map, at minimum, will:
   
   1. Delineate the official and legal boundaries of Richmond City.
      
   2. Reflect all streets, roads, and alleys found within the City limits.
      
   3. Delineate all established zones within the City limits in a manner readily understandable by the general citizenry.

1. Any action that creates, modifies, adjusts or amends land boundaries or utilization within the limits (or in the case of annexation, contiguous to the limits) of Richmond City requires public notification.
   
   1. Because Richmond City is not in a County of the First or Second Class, it is not required that public notification take place to announce the pending creation, modification, or adjustment of the Richmond City General Plan.
      
   2. Public notice will be:
      
      1. Posted in at least three public locations within the Richmond City limits.
         
      2. Posted on the Utah Public Notice Website.
         
      3. On the Richmond City Website.
         
   3. With the exception of subsection (2)(e)(1) above, the notification must be posted a minimum of forty-eight (48) hours before the event/action.
      
   4. Specific requirements relative to public notice for sub-divisions or other specific land applications will be cited under the appropriate Chapter of this Title.
      
2. Public Hearings.
   
   1. A public hearing will be conducted by the Richmond City Council prior to:
      
      1. Any action that increases or decreases the size of the City.
         
      2. Any action that establishes any type of zone within the City limits.
         
         1. This would include both initial zone establishment and the rezoning of established zones.
            
      3. Any official action that affects in any manner the utilization of land within the boundaries of Richmond City.
         
   2. Unless specifically directed by the Richmond City Council, the Planning & Zoning Commission will not conduct public hearings.

1. Inner-block development for residential or business purposes is encouraged within the following restrictions.
   
   1. The development must adhere to the existing land zoning designation.
      
      1. Inner-block rezoning will not be allowed.
         
   2. Access to the inner-block development must include an access street a minimum of 48 feet in width, 24 feet of which is to be paved.
   3. A cul-de-sac must be established within the inner-block development with a minimum diameter of 100 feet, 75 feet of which is to be paved.
      
   4. The establishment of flag-lot(s )to be used for any type of human habitable structure not in existence at the time of the passage of this ordinance is/are prohibited.
      
2. Full infrastructure services must be established to serve any inner-block development.
   
   1. Minimal infrastructure services for this purpose are deemed to be:
      
      1. Paved street in accordance with 12-506(A)(2) and 12-506(A)(3) above.
         
      2. Culinary water service.
         
      3. Sewer service.
         
      4. Sidewalk meeting the specifications of current Richmond City ordinance(s) governing design and construction standards.
         
         1. By separate ordinance an escrow to cover the cost of a public sidewalk(s) associated with the residence or business will be established and payable at the time of other associated fees for new construction.
      5. Irrigation/Secondary Water System.

1. Prior to the issuance of any permit for the construction of a human habitable structure, whether residential, multiple family, business or other commercial building, an official survey of the property upon which the structure will be constructed or placed must be conducted by a licensed surveyor with an official copy being submitted to the City of Richmond.
   
   1. Said survey must be completed within one calendar year prior to the submission in conjunction with the building permit request.
      
      1. The official copy of the survey shall be affixed to the permanent record of application for the building permit retained by the City.
         
   2. The sole exception to this requirement will be for dwellings being constructed in a previously approved sub-division which has fully complied with the provisions of 12-2000 herein.
      
      1. The City Office will affix a copy of the authorized sub-division plat, indicating the lot to which the building permit shall apply, to the permanent record of application for the building permit retained by the City.

1. A valid Building Permit is required to be in the possession of any builder, contractor, developer or other party or parties involved in any construction effort within the limits of Richmond City prior to any work beyond land surveying being engaged.
   
   1. Any permanent structure of less than two hundred (200) square feet and not intended for human habitation is exempt from this requirement.
      
2. The authorized authority as designated by the Richmond City Council shall not issue any building permit for any building, construction, or repair of any building unless such effort fully conforms to all zoning regulations and/or ordinances of Richmond City in effect at the time of application.
   
   1. The Richmond City Council may designate and hire a licensed City Building Inspector to issue Building Permits with subsequent inspection(s), or
      
   2. The Richmond City Council may sub-contract to a fully licensed and authorized second party the duties and responsibilities of the City Building Inspector.
      
3. No permit shall be issued for any building or structure or part thereof on any land located between the mapped lines of any street as shown on any official street map adopted by the Richmond City Council.
   
   1. However, the Appeal Authority shall have the power, upon an appeal filed with it by the owner of any such land, to authorize the grant of a permit for a building or structure or any part thereof within any mapped street located in any case in which the Appeal Authority upon the evidence finds:
      
      1. that the property of the appellant of which such mapped street location forms a part shall not yield a reasonable return to the owner unless such permit be granted, or
         
      2. that balancing the interest of Richmond City in preserving the integrity of the official map and the interest of the owner in the use and benefits of the property, the grant of such permit is required by consideration of justice and equity.
         
   2. Before taking any such action, the Appeal Authority decides to authorize a building permit, it shall have the power to specify the exact location, ground area, height ,and other details and conditions of extent and character and also the duration of the building, structure, and part thereof to be permitted.
      
4. A building permit shall expire on the one-year anniversary of the issuance of said permit unless active work has been started and continues under the terms of the permit.
   
   1. As long as active work progresses the permit shall be automatically extended until the construction is completed or no construction takes place within a given twelve-month period, whichever should occur first.
      1. In the event of the latter, the building permit shall expire.

1. All construction of dwellings whether for residential or commercial/business purposes must adhere to the current manuals and technical instructions approved by the designated inspecting authority for such construction.
   
2. All infrastructure construction taking place within the limits of Richmond City must adhere to the current official Manual of Design and Construction Standards published through separate ordinance by the Richmond City Council.

1. The position of Building Inspector is herewith designated and created.
   
   1. The Richmond City Council shall fill the position of Building Inspector in whatsoever manner the Council, through majority vote, deems the most efficient under current conditions.
      
      1. The Council may opt to hire a qualified building inspector or may contract with another entity and utilize such entity’s building inspector.
         
      2. The Building Inspector shall periodically report to the City Council relative to any matters concerning the construction and inspecting of buildings within the limits of Richmond City.
         
         1. At minimum such a report before the City Council shall take place in a formal atmosphere on an annual basis.
            
2. All construction authorized by the issuance of a Building Permit shall be appropriately inspected at the various stages of construction by the Building Inspector.
   
   1. The Building Inspector shall conduct all inspections in accordance with the latest and most up-to-date codes and has the delegated authority to place a “Stop Work” notice on any project found to be in any violation whatsoever.
      
      1. Failure of a contractor or person(s) responsible for construction receiving a “Stop Work” notice to comply is a violation of law and will be prosecuted to the fullest extent.

1. Upon final inspection and approval, the Building Inspection will issue a “Certificate of Occupancy” to the contractor or party responsible for the building.
   
   1. No human occupancy in any manner shall be permitted unless a Certificate of Occupancy has been issued.
      
      1. The safety of the occupants of a structure is deemed more important than any financial or personal inconvenience hence the prohibition of occupancy without the Certificate of Occupancy.
         
      2. Any violation of 12-511(A)(1) will result in prosecution up to and including eviction from the designated structure with appropriate fines not to exceed the cost of such proceedings including legal fees.

1. An applicant who has filed a complete land use application, including the payment of all application fees, is entitled to all rights and is subject to all restrictions as outlined in Utah Code Annotated Title 10, Chapter 9a, Section 509.

1. Upon recommendation by the Planning and Zoning Commission, the Richmond City Council may grant conditional use permits not to exceed in duration five consecutive years without review.
   
   1. The City Council is not required to conduct a public hearing relative to any given Conditional Use Permit but may opt to do so.
      
   2. Such Conditional Use Permits must be approved by open vote in an agenda meeting of the Richmond City Council by a simple majority of Council members present.
      
   3. A certificate of Conditional Use will be prepared and signed by the Mayor and the City Recorder with the City Seal affixed before said Conditional Use goes into effect.
      
   4. The Council shall set forth an automatic review time period; however, a review may be called for at any time in reaction to complaints received by the Council from other citizens of Richmond City or the Council having reasonable belief the conditions established by the permit are not be observed.
      
   5. The Council shall have to power to rescind any Conditional Use Permit issued following due process that provides reasonable certainty that the conditions established by the permit are not, in fact, being observed.
      
2. A conditional use shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards.
   
   1. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the condition use may be denied.
      
   2. A request for a Conditional Use Permit that is rejected may be appealed in accordance with the provisions of 12-405.
      
3. Administrative process for application.
   
   1. Application for a conditional use permit shall be made at the Richmond City Office on forms provided for that purpose.
      
   2. A conditional use permit fee may be established by separate Resolution by the Richmond City Council.
      
   3. The Planning and Zoning Commission may approve, modify and approve, or deny the conditional use application.
      
      1. In approving any conditional use, the Commission shall impose regulations and conditions as are necessary to protect the public welfare.
         
   4. In approving a conditional use, the Planning and Zoning Commission and City Council shall find:
      
      1. That the proposed use is necessary and/or desirable and shall contribute to the general well-being of the community.
         
      2. That the use shall not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity.
         
      3. That the proposed use shall comply with the regulations of this ordinance.
         
      4. That the proposed use is in harmony with the intent of the Master Plan for Richmond City.

1. Except as provided for in this Section, a nonconforming use or nonconforming structure may be continued by the present owner or a future property owner.
   
   1. A nonconforming use may be extended through the same building, provided no structural alteration of the building is proposed or made for the purpose of the extension.
      
   2. The addition of a solar energy device to a building will not be considered a violation of 12-513(A)(1).
      
2. Upon recommendation of the Planning & Zoning Commission, the Richmond City Council may grant to the property owner the establishment, restoration, reconstruction or internal expansion or substitution of a nonconforming structure insofar as the original structure footprint is not substantially changed or modified.
   1. Under no circumstances may the footprint of a nonconforming structure be modified in any manner that would violate codes intended to provide for the safety of the occupants or adjacent structures or occupants.
      
   2. Under no circumstances may an existing nonconforming structure due to height be modified to expand the height violation.
      
3. A non-conforming building or structure or a building or structure occupied by a non-conforming use which is damaged by fire, flood, wind, earthquake, or other calamity or Act of God or the public enemy, may be restored or replaced by a structure of equal size, adequate to meet the level of use at the time of destruction, and which conforms to the adopted building codes.
   
   1. The occupancy or use of such building, structure, or part thereof, which was existing at the time of such damage or destruction may be continued or resumed, provided that such restoration is started within a period of six (6) months from the date of damage and is diligently pursued to completion.
      
   2. A nonconforming or noncomplying structure may not be reconstructed or restored if:
      
      1. The structure is allowed to deteriorate to a condition that the structure is rendered uninhabitable and is not repaired or restored within six months after written notice to the property owner that the structure is uninhabitable and that the noncomplying structure or nonconforming use will be lost if the structure is not repaired or restored within six months; or
         
      2. The property owner has voluntarily demolished a majority of the noncomplying structure or the building that houses the nonconforming use.
         
4. A building or structure or portion thereof occupied by a non-conforming use, which is, or hereafter becomes, vacant and remains unoccupied for a continuous period of one (1) year, except for dwellings, shall not thereafter be occupied except by a use which conforms to the use regulations of the zone in which it is located.
   
   1. Any party claiming that a nonconforming use has been abandoned shall have the burden of establishing the abandonment.
      
   2. Abandonment may be presumed to have occurred if:
      
      1. A majority of the primary structure associated with the nonconforming use has been voluntarily demolished without prior written agreement with the Richmond City Council regarding an extension of the nonconforming use;
         
      2. The use has been discontinued for a minimum of one year; or
         
      3. The primary structure associated with the nonconforming use remains vacant for a period of one year.
         
   3. The property owner may rebut the presumption of abandonment per sub-section (D)(4), and shall have the burden of establishing that any claimed abandonment has not in fact occurred.
      
5. Richmond City may terminate any nonconforming status of a public or charter school use or structure when the property associated with the Cache School District or charter school use or structure ceases to be used by the Cache School District or a charter school for a period of two years.
   
6. A vacant building or structure may be occupied by a use for which the building or structure was designed or intended if it is so occupied within a period of one (1) year after the use became nonconforming.
   
7. The nonconforming use of a building or structure may be changed to another nonconforming use which would be more in character with the zone in which it is located upon recommendation by the Planning & Zoning Commission and approval by the Richmond City Council.
   
   1. The Planning & Zoning Commission and/or Richmond City Council may impose requirements relative to health, safety and welfare as deemed necessary.
      
      1. Where such a change is made, the use shall not thereafter be changed back to the previous nonconforming use.
         
8. The nonconforming use of land, existing at the time this ordinance became effective, may be continued and may be expanded on the same but not adjoining property as permitted by the Richmond City Council.
   
   1. If such nonconforming use of land, or any portion thereof, is abandoned or changed for a period of one (1) year or more, any future use of such land shall be in conformity with the provisions of this ordinance.

1. By separate Resolution, Richmond City shall establish a schedule of fees in accordance with the most recent provisions of Utah Code Annotated Title 10, Chapter 9a, Section 510.
   
2. Richmond City will not assess any fees to a public agency other than hook-up and impact fees as established by Ordinance and as allowed by Utah Code Annotated Title 10, Chapter 9a, Section 510.(6).

1. All expenses associated with the construction, development, establishment or otherwise entrance into the City structure of Richmond City, Utah shall be the responsibility of the builder, contractor, developer or such other party ultimately responsible for said structure or infrastructure unless otherwise assigned by current ordinance or ordinances.
   
   1. Such expenses may include, but are not limited to, the following:
      
      1. Processing of any required building clearance form prior to issuance of the building permit. Building permit fees and charges will be handled separately.
         
      2. Review of building property plat(s), plan(s), and/or infrastructure whether by local authority or contracted engineer(s) in keeping with the provisions of Utah Code Annotated Title 10, Chapter 9a, Section 510.
         
      3. Any engineering review of any nature required by the City prior to acceptance of or issuance of any type of occupancy or usage permit in keeping with the provisions of Utah Code Annotated Title 10, Chapter 9a, Section 510.
         
      4. Any tests of any nature deemed necessary by the City, such as but not limited to pressure testing of culinary water and sewer pipes, acceptability tests of asphalt or other paving material used to cover City streets or roads, compaction tests of street or road sub-surface, sidewalk specification questions, or additional testing in questionable areas of any nature in keeping with the provisions of Utah Code Annotated Title 10, Chapter 9a, Section 510.
         
2. All expenses shall be billed directly to the builder, contractor, developer or such other party ultimately responsible for said structure or infrastructure.
   
3. Should Richmond City hold billings not paid by the builder, contractor, developer or such other party ultimately responsible for said structure or infrastructure, the City shall withhold approval and acceptance of infrastructure, issuance of a Certificate of Occupancy or other use, issuance of a Business License, or withhold services as shall be appropriate and proper for the individual situation.
   
   1. Should the City be placed into a situation involving litigation, the City shall seek all payments due plus the cost of all legal expenses associated with such recovery efforts.

See Part 14-170 Water Dedication Purpose

1. This Zoning Ordinance, including any maps, charts, or other appendices attached hereto, may be amended from time to time by the City Council after fifteen (15) days notice and public hearing but all proposed amendments shall be first proposed by the Planning and Zoning Commission or shall be submitted to the Planning and Zoning Commission for its recommendation, which shall be returned to the City Council for its consideration within thirty (30) days.
   
2. Failure of the Planning and Zoning Commission to submit its recommendation within the prescribed time shall be deemed approval by such Commission of the proposed change or amendment.
   
3. The City Council may overrule the Planning and Zoning Commission’s recommendations by a majority vote of the City Council members.

1. Any person, firm or corporation whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of the provisions of this ordinance shall be guilty of a Class B misdemeanor.
   
2. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this ordinance is committed.

1. Purpose. The purpose of this Part 12-521 is to ensure that existing and future Open Space required under the Richmond City Land Use, Development, and Management Ordinance, Title 12-000 et seq. (the “City Zoning Code”) remain Open Space and are not developed in contradiction to the public policies behind the requirement of Open Space within the City Zoning Code.
   
2. Application. This Part 12-521 applies to any Open Space within the City, whether existing at the time of adoption of this Part 12-521 or existing thereafter. As used in this Part 12-521, Open Space shall have the same meaning as it is defined in Richmond City Code 12-300 and 12-1010-7.
   
3. Prohibition on Development. No applications for subdivision of any kind, building permit, utility connection of any kind, or any other similar development applications may be granted or issued for any Open Space or any portion of it.
   
   1. Notwithstanding the foregoing, a water connection and power connection may be granted to an Open Space for the purpose of allowing the watering of the lawn and other landscaping on the Open Space and for the purpose of getting water and power to a common area pavilion, playground, or other similar common or community improvement so long as the use of the same is compliant with the City Zoning Code.
      
4. Prohibition on Use. No use may be conducted or maintained on any Open Space except those uses which are expressly authorized by the City Zoning Code specifically for Open Space.
   
5. Recording of a Notice of Open Space Restrictions. The City Administrator, or any other person designated by the Mayor, may have recorded in the Cache County Recorder’s Office a Notice of Zoning Restrictions on title to any Open Space in order to provide notice to the public of the restrictions of this Part and the City Zoning Code. Additionally, any land use authority may require the recording of a Notice of Zoning Restrictions on title to any Open Space as a condition of approval of any land use application involving any Open Space.
   
6. Form of the Notice of Open Space Restrictions. The Notice of Open Space Restrictions shall be in a form as required for the recording of documents on record title at the Cache County Recorder’s Office and shall reference this Part and briefly explain the restrictions on the Open Space as set forth herein. The Notice of Open Space Restrictions shall also indicate how further inquiries may be made at the City regarding the Notice. The Notice of Open Space Restrictions may not be construed as a lien, interest, or encumbrance on an owner’s interest to any property but shall be deemed to have provided constructive notice to any person of the restrictions placed upon the Open Space by virtue of this Part or the City Zoning Code.
   
7. Notice of Recording for Existing Open Space. If a Notice of Open Space Restrictions is recorded against any Open Space existing at the time of adoption of this Part 12-251, then the City shall serve a copy of the same on the record owner of the Open Space as listed in the records of the Cache County Recorder, if one can be determined.
   
8. Request for Hearing. Within fourteen (14) days of the day on which the Notice of Open Space Restrictions is served on the property owner, the property owner may request a hearing with the City Council to present facts and argument as to why the property is not Open Space or is otherwise not subject to the restrictions of this Part or the City Zoning Code. The property owner shall file the request for a hearing in writing with the City Recorder and pay any filing fees set by the City Council for the same. The written request for a hearing shall set forth the property owner’s position as to why the property owner is entitled to relief. The City Recorder shall notify the City Council of the request for a hearing and the request shall be placed on the agenda for the next regularly scheduled meeting of the City Council.
   
9. Hearing with the City Council. The City Council shall review the Notice of Open Space Restrictions and any information or documents related to the same provided by the City, the written request for a hearing, and any other information that the property owner or any other interested party may present, and make a determination as to whether Notice of Open Spaces Restrictions should be removed from title to the property. The City shall have the burden of proving by a preponderance of the evidence that the property is Open Space, and if the City does so, then the property owner shall have the burden of proving by a preponderance of the evidence as to why the Notice of Open Space Restrictions does not apply to the property or should be removed from title to the property.
   
10. If the property owner has not requested a hearing with the City Council within the fourteen (14) day period, or if after a hearing on the matter the City Council determines that the Notice of Open Space Restrictions has been correctly recorded against the property, then the Notice of Open Space Requirements shall remain on title to the property and the decision shall be binding on the owner and any subsequent owner of the property. If the City Council determines that the Notice of Open Space Restrictions has not been correctly recorded against the property, the City Council, or other person designated by the Mayor, shall record a release of the Notice of Open Space Restrictions on title to the subject property.