3.3 APPLICANT ENTITLED TO FUNDAMENTAL FAIRNESS IN REVIEW PROCESS
Unofficial copy. It may be out of date. Not legal or zoning advice. Zoning rules change, and only the city or county can say for sure what is allowed on a property. Confirm with the city or county planning department before you buy, sign or build.
The official Fountain Green code is at http://fountaingreencity.gov/government/planning-and-zoning/index.html.
Text pulled 2026-10-19 from this source.
Tables (like use tables) may not copy cleanly, so check any table against the official code.
Confirm anything here with Fountain Green planning before you rely on it.
Each applicant is entitled to a timely written decision and to timely judicial review of each decision made by a Land Use Authority.
A. REQUEST FOR DETERMINATION OF COMPLETE APPLICATION. Fountain Green City shall, in not more than 45 days, determine whether an application is complete for the purposes of subsequent, substantive land use authority review. Fountain Green City will 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.
Final copy approved by Fountain Green City Council February 18, 2008. Minor changes 3.6 F and G April 19, 2012. 3.20 Amended October 18, 2012. Amended section 3.15 January 19, 2023. Amended sections 3.2 & 3.15 March 16, 2023. Revise section 3.6 G January 18, 2024. Revise section 3.6 F & G January 16, 2025. Updated & Revised Jan 22, 2026.
Within 30 days of receipt of an applicant's request under this section, Fountain Green City shall either:
3. 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
4. Accept the application as complete for the purposes of further substantive processing by the land use authority.
B. REQUEST FOR FINAL ACTION ON A COMPLETE APPLICATION. Each land use authority shall substantively review the application considered complete under Subsection A and shall approve or deny each application with reasonable diligence.
1. The land use authority shall consider the 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.