Utah Code 10-9a-205. Notice of public hearings and public meetings on adoption or modification of land use regulation

10-9a-205. Notice of public hearings and public meetings on adoption or modification of land use regulation.

(1)

Each municipality shall give:

Terms Used In Utah Code 10-9a-205

Affected entity: means a county, municipality, special district, special service district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified public utility, property owner, property owners association, or the Department of Transportation, if:

(a)	the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;

(b)	the entity has filed with the municipality a copy of the entity's general or long-range plan; or

(c)

the entity has filed with the municipality a request for notice during the same calendar year and before the municipality provides notice to an affected entity in compliance with a requirement imposed under this chapter. See Utah Code 10-9a-103

Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.

Land: includes :Utah Code 68-3-12.5

Legislative body: means the municipal council. See Utah Code 10-9a-103

Municipal: means of or relating to a municipality. See Utah Code 10-1-104

Municipality: means :

(a)	a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;

(b)	a town, as classified in Section 10-2-301; or

(c)

a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104

Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-9a-103

Property: includes both real and personal property. See Utah Code 68-3-12.5

Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 10-9a-103

Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 10-9a-103

real property: includes :Utah Code 68-3-12.5

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Zoning map: means a map, adopted as part of a land use ordinance, that depicts land use zones, overlays, or districts. See Utah Code 10-9a-103

(a)

notice of the date, time, and place of the first public hearing to consider the adoption or any modification of a land use regulation; and

(b)	notice of each public meeting on the subject.

(2)

Each notice of a public hearing under Subsection (1)(a) shall be:

(a)	mailed to each affected entity at least 10 calendar days before the public hearing; and

(b)	provided for the area directly affected by the land use ordinance change, as a class B notice under Section 63G-30-102, for at least 10 calendar days before the day of the public hearing.

(3)

In addition to the notice requirements described in Subsections (1) and (2), for any proposed modification to the text of a zoning code, the notice posted in accordance with Subsection (2) shall:

(a)	include a summary of the effect of the proposed modifications to the text of the zoning code designed to be understood by a lay person; and

(b)	be provided to any person upon written request.

(4)	Each notice of a public meeting under Subsection (1)(b) shall be provided for the municipality, as a class A notice under Section 63G-30-102, for at least 24 hours before the meeting.

(5)

(a)	A municipality shall send a courtesy notice to each owner of private real property whose property is located entirely or partially within a proposed zoning map enactment or amendment at least 10 days before the scheduled day of the public hearing.

(b)

The notice shall:

(i)	identify with specificity each owner of record of real property that will be affected by the proposed zoning map or map amendments;

(ii)	state the current zone in which the real property is located;

(iii)

state the proposed new zone for the real property;

(iv)	provide information regarding or a reference to the proposed regulations, prohibitions, and permitted uses that the property will be subject to if the zoning map or map amendment is adopted;

(v)	state that the owner of real property may no later than 10 days after the day of the first public hearing file a written objection to the inclusion of the owner’s property in the proposed zoning map or map amendment;

(vi)	state the address where the property owner should file the protest;

(vii)

notify the property owner that each written objection filed with the municipality will be provided to the municipal legislative body; and

(viii)

state the location, date, and time of the public hearing described in Section 10-9a-502.

(c)	If a municipality mails notice to a property owner in accordance with Subsection (2)(b) for a public hearing on a zoning map or map amendment, the notice required in this Subsection (5) may be included in or part of the notice described in Subsection (2)(b) rather than sent separately.

Amended by Chapter 435, 2023 General Session

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